A Fresh Start: Understanding Expungements in Indiana

Aug 01 2025 15:20

What Is an Expungement?

Expungement is a legal process that allows individuals to seal or erase their criminal records from public view. In Indiana, it's often referred to as the “Second Chance Law.” This process can help people who’ve been arrested or convicted of certain crimes move forward in life without the shadow of their past affecting their job prospects, housing opportunities, or reputation.

Importantly, expungement does not mean a record is destroyed —it becomes sealed from public access, although certain government agencies may still see it in specific situations.

Who Qualifies for Expungement in Indiana?

Indiana law outlines specific eligibility rules for different types of records. Here's a breakdown:

✅ Arrest Records (No Charges Filed)

  • You can request expungement 1 year after the arrest, as long as no charges were filed and there’s no pending case.

✅ Misdemeanor Convictions

  • Eligible 5 years after the date of conviction.
  • You must have no other convictions since, and all fines, fees, and restitution must be paid.

✅ Class D / Level 6 Felonies (Non-Violent, Non-Sexual)

  • Eligible 8 years after the conviction or 3 years after completion of sentence(whichever is later).
  • You must not be a registered sex offender or have a conviction for a violent crime.

✅ Serious Felonies

  • Some may be eligible after 10 years, but they often require the prosecutor’s approval.
  • Violent crimes, sex offenses, and certain public corruption charges may not be expunged.

The Expungement Process: Step-by-Step

  1. Wait the Required Period: You must wait the mandatory period based on your record type.
  2. Gather Documentation: This includes your criminal history, case numbers, and proof of paid fines.
  3. File a Petition: Submit it in the court where the conviction or arrest occurred.
  4. Pay Filing Fees: Fees vary by county but are usually around $150–$200 per petition.
  5. Court Review and Hearing: The court will review your petition. Some cases may require a hearing.
  6. Receive Decision: If granted, your record will be sealed from public view.

📝 Note: You can only file for expungement once in your lifetime, so it’s important to include all eligible cases at once.

Benefits of Expungement

  • Better Job Opportunities: Employers won’t see old convictions on background checks.
  • Housing Access: Landlords are less likely to deny housing based on sealed records.
  • Peace of Mind: Move forward without carrying the burden of a public record.

Common Pitfalls to Avoid

  • Filing before the waiting period ends.
  • Forgetting to include all eligible charges in one petition.
  • Not paying all court-ordered fines and restitution.

Consider hiring an attorney to guide you—especially for complex felony cases.

Final Thoughts

Expungement in Indiana offers a real opportunity for people to rebuild their lives after a mistake. If you or someone you know qualifies, taking action can open doors that were once closed.

🔍 Need help? Check with your local legal aid office or attorney experienced in Indiana expungement law.