Indiana Expungement Services

My office focuses on Indiana expungement, and helping clients clear their criminal and eviction records to unlock new opportunities. Whether you’re seeking misdemeanor Indiana expungement, felony Indiana expungement, or need guidance on Indiana expungement law, Attorney Jeff Cardella provides expert legal representation to ensure your petition is handled professionally. With almost two decades of experience and thousands of cases handled, I offer a money-back guarantee on ALL expungements.

A criminal or eviction record can limit your access to jobs, housing, and education. Through Indiana’s expungement process, I can help you seal or expunge eligible records, giving you a fresh start. My firm serves the entire state, including Indianapolis, Marion County, Hamilton County, Hendricks County, Boone County, Monroe County, Bloomington, Noblesville, Carmel, Fishers, Danville, and Plainfield.

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What is Indiana Expungement?

Sealing refers to the legal process of removing criminal or eviction records from public view under Indiana expungement law (IC 35-38-9). Sealing allows individuals to move forward without the burden of a record appearing on background checks for employment, housing, or other opportunities. Sealing restricts access to records, while expungement does not always seal records.

Known as the “Second Chance Law,” Indiana expungement law promotes rehabilitation by offering a path to a clean slate for eligible individuals. Expungement can apply to arrests, charges, convictions, and eviction records, including misdemeanors and certain felonies. Navigating this process requires precision, as eligibility depends on the offense, time elapsed, and other factors. Hiring an experienced attorney like Jeff Cardella ensures your petition complies with all legal standards.

Understanding Indiana Expungement Law

Indiana expungement law, codified under IC 35-38-9, governs the sealing or expungement of criminal and eviction records. Enacted to promote rehabilitation, this law allows eligible individuals to petition the court to remove records from public access. Prior to 2013, almost no cases were eligible for expungement, creating unjust outcomes for individuals who had reformed. The 2013 Second Chance Law revolutionized Indiana expungement law, expanding eligibility to include many convictions, with amendments in 2015 fixing initial flaws.

Key provisions of the Indiana expungement law include:

• Arrests Not Resulting in Conviction: Expungable if no charges were filed, charges were dropped, or the individual was acquitted.
• Misdemeanors: Eligible after 5 years from conviction, provided no new convictions.
• Level 6/Class D Felonies: Eligible after 8 years, with no new convictions.
• Major Felonies: Eligible after 8–10 years, sometimes requiring prosecutorial consent.
• Ineligible Offenses: Homicide, sex offenses, human trafficking, official misconduct, or crimes involving deadly weapons are generally not expungable.

Indiana expungement law is complex, with strict filing requirements, deadlines, and local rules varying by county. Mistakes can lead to denials or delays. My office ensures compliance with the Indiana Rules of Civil Procedure and Court requirements.

Misdemeanor Indiana Expungement

Misdemeanor Indiana expungement is a critical tool for clearing minor criminal records that hinder job prospects, housing, or education. Misdemeanors, such as shoplifting, public intoxication, or minor drug possession, can be expunged under Indiana expungement law 5 years after the conviction date, provided there are no new convictions and all sentencing terms are complete. Most misdemeanors are eligible for sealing.  

The process involves filing a petition in the court where the conviction occurred, including detailed case information (e.g., case number, charges, and disposition). Courts may grant expungement without a hearing for eligible misdemeanors, but errors in the petition can lead to denials. Attorney Jeff Cardella has handled thousands of misdemeanor Indiana expungement cases, ensuring accuracy and efficiency.

Felony Indiana Expungement

Felony Indiana expungement offers a second chance for those with more serious convictions, such as theft, drug possession, or fraud. Felony records can severely impact employment and housing opportunities. Under Indiana expungement law, eligibility typically requires:

• 8 years since conviction for Level 6 or Class D felonies.
• 10 years for higher-level felonies, sometimes with prosecutorial consent.
• No new convictions and completion of all sentencing terms.

Certain felonies, like murder, sex offenses, or violent crimes, are ineligible. The process is complex, often requiring court hearings and detailed documentation. My office has a proven track record of securing felony Indiana expungement, handling all legal complexities to maximize success.

Eviction Expungement in Indiana

Indiana expungement also applies to eviction records, which can limit housing opportunities. Recent changes to Indiana expungement law have made it easier to expunge eviction records, allowing individuals to clear their rental history. The process mirrors criminal expungement, requiring a petition with detailed case information and compliance with court rules.

Eviction expungement is particularly valuable for tenants seeking new housing. My office provides expert assistance, ensuring your eviction record is sealed professionally. Contact us to explore your eligibility for eviction expungement.

Our Indiana Expungement Process

The Indiana expungement process is complex, but my office makes it seamless. Here’s how we help you clear your record:

1. Free Consultation: We assess your eligibility for misdemeanor Indiana expungement, felony Indiana expungement, or eviction expungement, reviewing your criminal or eviction history.
2. Record Collection: We being by reviewing your mycase.in.gov records, as well as any state or FBI background checks that you share with us.
3. Petition Preparation: We draft a detailed petition, including personal information, case details, and a compelling statement on why expungement will benefit you (e.g., improved employment or housing).
4. Filing and Service: We file the petition in the appropriate court and serve it to the prosecuting attorney. Electronic distribution is used where possible, with paper mail for smaller agencies.
5. Court Representation: If a hearing is required, Jeff Cardella represents you, advocating for approval.
6. Record Sealing: Once approved, we distribute the records to the appropriate agencies, like the Indiana State Police.

The process typically takes 1–3 months, depending on case complexity and court schedules. We offer a money-back guarantee on ALL expungements, and no court appearance or office visit is necessary for many cases.

Eligibility Criteria for Indiana Expungement

Eligibility for Indiana expungement depends on the nature of the offense, time elapsed, and other factors. Below is a detailed breakdown:

Arrests Without Conviction

Arrests not resulting in conviction (e.g., no charges filed, charges dismissed, or acquittal) are eligible immediately, provided:

• At least 1 year has passed since the arrest.
• No pending charges exist.
• All diversion program requirements are complete.

Courts must grant these petitions if criteria are met.

Misdemeanor Convictions

Misdemeanor Indiana expungement is available for most misdemeanors (e.g., shoplifting, public intoxication) after:

• 5 years since the conviction.
• Completion of sentence, probation, and all fines/restitution.
• No new convictions or pending charges.

Felony Convictions

Felony Indiana expungement eligibility varies by offense level:

• Class D/Level 6 Felonies: Eligible after 8 years, or 5 years if reduced to a misdemeanor.
• Higher-Level Felonies: Eligible after 8–10 years, often requiring prosecutorial consent.
• Ineligible Felonies: Homicide, sex offenses, human trafficking, official misconduct, or crimes involving deadly weapons.

All felonies require completion of sentence, no new convictions, and no pending charges.

Eviction Records

Eviction records are eligible for expungement under recent Indiana expungement law changes, with criteria similar to criminal records (e.g., no pending cases, compliance with court orders).

Additional Requirements

• One-Time Opportunity: Conviction expungements are generally a once-in-a-lifetime opportunity, except for non-conviction arrests.
• Multiple Counties: Separate petitions must be filed in each county, within 365 days of each other.
• Prosecutorial Consent: Waiting periods can be shortened with written permission from the county prosecutor.
• Fees and Fines: All court costs, fines, fees, and restitution must be paid before filing, though waivers may be possible.

My office offers free consultations to assess your eligibility, ensuring all criteria are met before filing.

Why Choose Jeff Cardella for Indiana Expungement?

Attorney Jeff Cardella is a trusted leader in Indiana expungement, with almost two decades of experience and thousands of cases handled. Here’s why clients choose us:

• Proven Success: Thousands of successful expungements across Indiana.
• Expertise: Jeff Cardella taught criminal law at the IU School of Law and has deep knowledge of Indiana expungement law.
• Personalized Service: One-on-one attention from Jeff Cardella, not a paralegal.
• Money-Back Guarantee: Offered on ALL expungements, ensuring confidence.
• Affordable Pricing: Competitive rates with flexible payment plans.
• Statewide Representation: Serving Indianapolis, Marion County, Hamilton County, Hendricks County, Boone County, Monroe County, Bloomington, Noblesville, Carmel, Fishers, Danville, and Plainfield.

Our clients have secured jobs, housing, and peace of mind after expungement. We handle all aspects of the process, from petition drafting to court representation, with no office visit required for most cases.

Frequently Asked Questions About Indiana Expungement

What is Indiana expungement?

Indiana expungement can seal many (not all) criminal records from public view under Indiana expungement law, preventing them from appearing on background checks.

Who is eligible for misdemeanor Indiana expungement?

Most misdemeanor convictions are eligible 5 years after conviction, provided no new convictions and all sentencing terms are complete.

Can felonies be expunged in Indiana?

Yes, many felonies qualify for felony Indiana expungement after 8–10 years, depending on the offense. Serious crimes like homicide or sex offenses are ineligible.

How long does Indiana expungement take?

The process typically takes 1-3 months, depending on court schedules and case complexity.

Can I expunge my record myself?

While Indiana expungement law allows pro se petitions, it’s not advisable. Expungement is routine for experienced attorneys but complex for individuals. Mistakes can lead to denials or procedural defects, costing more to fix than hiring an attorney initially (if they can be fixed). It’s like changing a car’s transmission—easy for a mechanic, but disastrous if you don’t know what you’re doing.

Can I expunge multiple records?

Yes, but all records in a single county must be included in one petition, and petitions across multiple counties must be filed within 365 days. Conviction expungements are a once-in-a-lifetime opportunity.

Does expungement restore gun rights?

Expungement may restore civil rights, including gun ownership, but federal laws and certain convictions (e.g., domestic battery) may still restrict firearm rights and may require a separate petition to restore firearm rights. Consult us for details as to how this will apply to your specific case.

Are expunged records completely destroyed?

Most expunged records are sealed, not destroyed, and remain accessible to law enforcement or under court order. Some juvenile records may be destroyed.

Is there a filing fee for expungement?

Non-conviction expungements have no filing fee. Conviction expungements require a filing fee and a fee to have the sheriff serve the petition.

Can eviction records be expunged?

Yes, recent changes to Indiana expungement law allow eviction record expungement, improving housing opportunities.

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Tips and Tricks for Indiana Expungement

Navigating Indiana expungement requires careful preparation. Here are expert tips from Jeff Cardella Law:

• Review Local Rules: Each county has specific rules. We ensure compliance with local requirements, available from the court.
• Include a Strong Statement: A compelling personal statement explaining why expungement will improve your life (e.g., job or housing opportunities) strengthens your petition.
• Consider Record Sealing: If expungement is available, also consider requesting sealing in order to restrict public access to records.
• Stay Informed: Indiana expungement law evolves. We monitor updates to ensure your petition reflects current statutes.
• Provide Accurate Information: Include precise case details (e.g., case number, arrest date, charges) to avoid delays or denials.
• Include Supporting Documents: Letters of recommendation, proof of rehabilitation, or community service records can bolster your case.
• Follow Up: After expungement, we distribute the Court order to the appropriate agencies.

Attempting expungement without an attorney risks costly mistakes. Jeff Cardella Office handles all details, ensuring a smooth process.

Contact Us for Indiana Expungement Services

Ready to clear your criminal or eviction record? Jeff Cardella is here to help with Indiana expungement, misdemeanor Indiana expungement, felony Indiana expungement, and eviction expungement. Schedule your free consultation today with Attorney Jeff Cardella.

Phone: (317) 695-7700
Email: [email protected]
Address: 350 Massachusetts Ave #357, Indianapolis, IN 46204
Hours: We can be contacted by email or phone 24 hours a day, seven days a week and will respond as soon as reasonably possible.

When emailing, please include your date of birth and name as it appears on mycase.in.gov. We offer a money-back guarantee on most expungements and affordable pricing with no office visit required for many cases.

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Call my office to start your expungement today.