Indiana Criminal Record Expungement: Eligibility and Process

Indiana’s expungement law – often called the “Second Chance Law” – gives many people a one-time opportunity to seal or restrict access to their criminal records. An expungement can make past arrest or conviction records invisible to the public, helping with jobs, housing, and more. This page explains who is (and isn’t) eligible for expungement in Indiana, which records can be cleared, the five categories of expungement under Indiana Code 35-38-9, and what an expungement really does. We use plain language (with law references like I.C. 35-38-9-2 through 35-38-9-5) so you can understand your options. Finally, we provide a clear call to action to help you take the next step toward a clean record.

Who Is Eligible for Expungement in Indiana?

Most people with Indiana criminal records may be eligible to expunge them after meeting certain conditions. Eligibility depends on the type of record and waiting period since the incident or conviction. In general, you may qualify for expungement if:

• Your case did not lead to a conviction: If you were arrested or charged and not convicted – for example, charges were dropped or you were acquitted – you can petition to expunge the records one year after the arrest or charge. (As of 2022, Indiana even allows automatic expungement of certain non-conviction records in these situations, but it’s wise to consult an attorney to ensure it’s done or to petition if needed.)
• You have a misdemeanor conviction (or Class D/Level 6 felony reduced to a misdemeanor): Indiana Code § 35-38-9-2 allows expungement of misdemeanors 5 years after the conviction date (the waiting period can be shorter with a prosecutor’s consent). You must have completed your sentence, paid all fines/costs, and have no new convictions in those 5 years.
• You have a low-level felony conviction (no bodily injury): Under I.C. § 35-38-9-3, Class D or Level 6 felony convictions without bodily injury to another person are eligible for expungement 8 years after conviction (again, the prosecutor can agree in writing to a shorter time). All terms of the sentence must be completed and no new crimes in those 8 years.
• You have a higher-level felony conviction (no serious bodily injury): Felony convictions that did not involve serious bodily injury to someone can be petitioned under I.C. § 35-38-9-4 after an 8-year waiting period (or 3 years after completing the sentence, whichever is later). These are more serious felonies, so the court has discretion to grant or deny the expungement (it’s not automatic). You must have no new charges, and meet the waiting period (which a prosecutor may waive in writing for a shorter period).
• You have other eligible felonies (more serious felonies not excluded by law): Indiana Code § 35-38-9-5 covers the remaining felonies that aren’t automatically barred from expungement (see the next section for which crimes are barred). For these, at least 10 years must have passed since the conviction (or 5 years since completion of the sentence) before you can file, unless the prosecutor consents to a shorter time. Importantly, expunging these more serious felonies requires the prosecuting attorney’s written consent to the expungement. In other words, even if you meet the time and rehabilitative requirements, the prosecutor must agree, and the judge will decide if expungement is appropriate based on the circumstances.

In all cases, you cannot have any criminal charges pending at the time you file, and you must have paid all court costs, fines, and restitution owed. Indiana law essentially gives a second chance to those who have stayed out of trouble and satisfied all obligations for a significant period.

Note: Even if you have a serious conviction that isn’t expungeable, any arrest or charge that didn’t result in a conviction can still be expunged on its own. For example, if you were arrested but never convicted (or your conviction was vacated on appeal), you can clear that record, regardless of your other past convictions.

Who Is Not Eligible for Expungement?

Indiana’s expungement law has important exceptions. You are not eligible to expunge certain records or you may be barred from petitioning if any of the following apply:

• Serious Violent or Sexual Offenders: If you are classified as a “sex or violent offender” under Indiana law, you cannot petition to expunge any conviction records. This generally means if you are required to register as a sex or violent offender, expungement of those conviction records is off-limits.
• Multiple Serious Felonies with a Deadly Weapon: A person who has been convicted of two or more unrelated felonies involving the use of a deadly weapon is not allowed to seek expungement of those convictions. In other words, if you have multiple separate gun-involved or other deadly weapon felony convictions, Indiana law disqualifies you from expunging those convictions.
• Crimes Resulting in Death or Serious Charges: Convictions for certain grave offenses can never be expunged. By statute, the following are not eligible for expungement: any form of homicide (I.C. 35-42-1), human or sexual trafficking (I.C. 35-42-3.5), sex crimes (I.C. 35-42-4) such as rape or child molestation, official misconduct (I.C. 35-44.1-1-1) (crimes by public officials), or any felony that resulted in someone’s death. If you have a conviction for any of these offenses, that record cannot be cleared under the expungement law.
• Currently in a Diversion or Facing Charges: You cannot petition for expungement while you are currently participating in a pre-trial diversion program or if you have an active criminal case pending. You’ll need to resolve any pending charges and complete any diversion or deferral program before seeking expungement.
• Previous Expungement Petition Used: The expungement law is intended to be used only once. Except for arrest records under Section 1, you get one chance in your life to expunge convictions. If you have already successfully petitioned for an expungement of convictions in the past, you generally cannot file another expungement petition for any later convictions. (The “one bite at the apple” rule is discussed more below.)

In summary, most Indiana convictions can be expunged one time, but the law carves out these notable exceptions for very serious offenses and repeat violent offenders. It’s crucial to consult an attorney about your specific record to see if you fall under any disqualification.

What Records Can Be Expunged (and Which Cannot)

Expungeable records in Indiana include:

• Arrest or Charge Records: Any records of an arrest, criminal charge, or juvenile delinquency allegation that did not result in a conviction (or where the conviction was vacated on appeal) are eligible for expungement after one year. This covers situations like dismissed cases, acquittals (not guilty verdicts), and vacated convictions. These records, once expunged, will be sealed so that they don’t appear in public background checks.
• Misdemeanor Convictions: Virtually all misdemeanor convictions (including Class D or Level 6 felonies that were reduced to misdemeanors) can be expunged, provided you meet the conditions (e.g. passage of 5 years, no new crimes, etc.). This includes Class A/B misdemeanors, DUI/DWI at misdemeanor level, conversion, etc., except for those involving serious bodily injury or sexual misconduct (which would likely be felonies or excluded offenses).
• Most Felony Convictions: Felonies can be expunged in many cases, except for the serious exclusions noted earlier (like homicides or sex offenses). Indiana law specifically allows expungement for:
• Level 6 or Class D felony convictions (the lowest level felonies), if they did not involve bodily injury.
• Higher-level felonies (Levels 5, 4, 3, etc.) that did not involve serious bodily injury to another person.
• Certain other felonies not excluded by the statute, with a prosecutor’s consent in the most serious cases.
• Juvenile Records: Although juvenile delinquency records are often confidential, if you had a juvenile adjudication that would have been a crime if committed by an adult, those records can typically be expunged under Section 1 if the case didn’t result in an adult conviction. Additionally, if a juvenile record was later vacated or expunged through juvenile procedures, any remaining records can be cleared in the same way.

Records that cannot be expunged include:

• Convictions for the most serious crimes: As noted, you cannot expunge records of homicide, sex offenses, human/sex trafficking, official misconduct, or any felony involving a death. These are permanently off-limits for expungement by law.
• Serious violent felon or sex offender status: If your record classifies you as a sex or violent offender, those underlying convictions are not expungeable. (Also, expungement does not undo sex offender registration requirements for those offenses—though in practice you wouldn’t be eligible to expunge the conviction in the first place.)
• Multiple gun-related felonies: If you have two or more unrelated felony convictions involving a deadly weapon, those records cannot be cleared by expungement.
• Internal agency records: The expungement law does not require deletion or alteration of certain non-public records. For example, internal records kept by law enforcement agencies or public defender offices that were never public in the first place are exempt from expungement. Similarly, records of diversion or deferral programs, and professional disciplinary records, are not affected by an expungement order. (In short, expungement targets public criminal records, not every private note in a police file.)

If your record includes a mix of eligible and ineligible matters (for instance, you were charged with a serious crime but convicted of a lesser eligible offense), it’s especially important to get legal advice. Only the eligible portions can be expunged, and the law must be carefully followed to avoid attempting to expunge something that’s barred.

Indiana’s Five Expungement Categories (Sections 1–5)

Indiana Code 35-38-9 breaks down expungements into five sections, each covering a different category of record with its own rules and waiting periods. Here’s a simplified overview of the five tiers of expungement:

1. Section 1 – Non-Conviction Records (I.C. 35-38-9-1): Covers arrests, criminal charges, and juvenile delinquency cases that did not result in a conviction or adjudication (or where the conviction was later vacated). You may petition the court to expunge these records one year after the date of the arrest or charge (or sooner if the prosecutor consents). Example: If you were arrested and charged but the case was dismissed, Section 1 is used to clear that record. (Note: Since 2022, many of these records are eligible for automatic expungement by the court after one year, but if that doesn’t happen, you can file a petition to ensure it’s expunged.)
2. Section 2 – Misdemeanor Convictions (I.C. 35-38-9-2): Covers misdemeanor convictions, as well as Class D or Level 6 felony convictions that were reduced to a misdemeanor conviction by the court. You can petition to expunge a misdemeanor 5 years after the conviction date (this waiting period can be shortened if the prosecutor agrees in writing). To qualify, you must not have any new convictions in those 5 years, no pending charges, and all terms of the sentence (including fees and restitution) must be completed. If you meet the criteria, the court shall grant the expungement by law – expunging misdemeanors is generally a straightforward process for eligible petitioners.
3. Section 3 – Low-Level Felony Convictions (I.C. 35-38-9-3): Covers Class D felonies (under the old law) or Level 6 felonies (current law) that did not result in bodily injury to another person. The waiting period to file is 8 years after the conviction (which a prosecutor can consent to shorten in writing). As with Section 2, you must have no new criminal convictions in the interim, and all sentence obligations must be satisfied. If all conditions are met, the court shall grant the expungement. Example: A Level 6 felony theft conviction (with no one hurt) could be expunged under Section 3 once 8 years have passed and the person has maintained a clean record.
4. Section 4 – Higher Felony Convictions (No Serious Bodily Injury) (I.C. 35-38-9-4): Covers more serious felonies (Levels 5, 4, 3, etc.) that did not involve serious bodily injury to another person. The waiting period is also generally 8 years from conviction (or at least 3 years from completion of the sentence, whichever is later) before you can file, unless the prosecutor consents to a shorter time. Importantly, Section 4 expungements are discretionary – the law says a court may grant it if criteria are met, not “shall.” This means the judge has leeway to consider factors like the nature of the offense, your behavior since conviction, and any objections (for example, the prosecutor will be notified and victims have a right to be heard for Section 4 cases). If the offense involved serious bodily injury, it does not qualify under Section 4 (such cases would fall under Section 5 if not outright excluded). Note: Even though “serious bodily injury” (like life-threatening or permanently debilitating injuries) is disqualifying for Section 4, the Indiana Supreme Court has clarified that if your conviction on its face was for an offense not involving serious injury, you remain eligible for expungement under this section – the court cannot deny you solely because the facts of the case involved injury, but the court can consider those facts when deciding whether to grant the expungement. Section 4 is often used for mid-level felonies such as theft, drug offenses, or other felonies where no one was seriously hurt.
5. Section 5 – Serious Felony Convictions (I.C. 35-38-9-5): Covers the remaining felonies that are not excluded by the statute (see “Records that cannot be expunged” above for excluded crimes). This section typically applies to more serious felonies, including those that may have involved serious bodily injury or other higher-level crimes, as long as they are not in the prohibited categories (no homicides, sex crimes, etc.). The waiting period is 10 years after the conviction (or 5 years after completing the sentence) before filing, unless a prosecutor consents to a shorter waiting period. Crucially, expungement under Section 5 requires the prosecutor’s written consent to even be granted. Even with consent, the decision is ultimately up to the judge (and it’s discretionary, similar to Section 4). Section 5 is intended for serious felonies that still can be expunged – for example, a Class B felony (Level 3) burglary or a higher-level drug offense – but because of their severity, the law imposes stricter requirements (longer wait, prosecutor agreement). Many Section 5 cases involve individuals who have demonstrated a long period of rehabilitation and seek a last step toward a clean record.

Important: A person can generally only go through the expungement process once for Sections 2–5. That means if you have multiple convictions, you need to include all eligible convictions at the same time (or within the allowed one-year window across counties – see below). It’s critical to plan carefully with an attorney so that you don’t leave out anything and waste your one chance.

What Expungement Does (and Doesn’t Do)

An expungement seals or restricts access to your records, but it does not erase the event from history. In Indiana, when a record is expunged, it is marked as expunged or sealed, not destroyed. Here are the key effects of a granted expungement:

• Public records and background checks: For most expunged records (especially arrests, dismissed cases, misdemeanors, and Class D/Level 6 felonies), the records are sealed from public view. This means they should no longer appear on background checks for employment, housing, or education. If someone searches court records, they won’t find your case, or it will show as expunged with no details available to the public.
• Access by law enforcement and courts: Even after expungement, law enforcement, prosecutors, and courts can still access your record in a limited way. The information isn’t gone – it’s just not available to the public. Police and courts can see expunged records if necessary (for instance, if you’re later involved in another case, they might be aware of the expunged incident, though it generally cannot be used against you in a new prosecution for a different offense). Other agencies required by law can also see the records. Essentially, expungement is a second chance in society’s eyes, but not a license to violate the law again without consequence (courts will know if you already had a record expunged).
• Records of serious felonies: If you expunge a more serious felony (Section 4 or 5 expungements), the records remain public in the sense that the case and disposition can still be found, but they will be clearly marked as expunged. In other words, instead of the record being sealed completely, it might show up with a notation that it was expunged (and the details may be limited). This distinction is by design – Indiana law treats lower-level offenses more leniently (fully sealing them), while keeping higher-level felony records transparent albeit marked, presumably so that serious past crimes aren’t entirely hidden from public knowledge.
• Internal and non-public records: As mentioned, internal records not normally accessible to the public (police investigative notes, prosecutor files, deferral program records, etc.) are generally not affected by an expungement order. Since these were never public to begin with, expungement doesn’t require police or agencies to destroy their private files. However, those agencies are required to update their records to note that the court case was expunged, and they must refrain from releasing the expunged information to anyone except as allowed (e.g. law enforcement purposes).
• “Not a conviction” in daily life: Once your conviction is expunged, legally you can answer on most job applications, housing applications, and other forms that you have not been convicted of that crime. The expunged conviction “shall be treated as if the person had never been convicted of the offense” by Indiana law in most respects. Employers (except certain sensitive industries) cannot ask about or consider expunged records. Expungement can thus largely remove the stigma and civil disadvantages of a conviction, allowing you to move forward.

Keep in mind: Expungement is a powerful remedy, but it’s not absolute erasure. If you are expunged, you gain privacy and a fresh start, but the justice system retains the information in case it’s needed for future legal proceedings, and certain serious expunged felonies can still be seen (with an “expunged” label) by the public. Always be truthful if directly asked in a legal setting about prior expunged matters – for example, when applying for a professional license or security clearance, they may ask if you’ve had a record expunged (in those contexts you should disclose it, since authorities will find out on their check anyway).

Does Expungement Restore My Rights (Firearms, Voting, etc.)?

Expungement in Indiana generally restores your civil rights that were lost due to a conviction. When an expungement is granted for a conviction, the order usually states that your rights are fully restored. This means rights such as voting, holding public office, and serving on a jury are reinstated (in Indiana, most of these rights are actually restored upon completion of sentence, but expungement ensures you’re no longer classified as a convicted person). Additionally, after expungement, you can honestly say you have not been convicted of the expunged offense, as noted above.

However, one major question is about firearm rights. Under Indiana and federal law, a criminal conviction (especially a felony or a domestic violence misdemeanor) can restrict your right to possess firearms. Expungement does not automatically restore firearm rights in certain cases:

• If your conviction was for a “crime of domestic violence,” expunging that conviction does not restore your ability to possess a firearm. Indiana law explicitly states that for domestic violence offenses (even if they were misdemeanors expunged under Section 2), the person must separately petition to restore firearm rights under a different law (Indiana Code 35-47-4-7) after expungement. In practice, this means if you had a domestic battery conviction, you will need to ask a court in a separate proceeding to lift the firearm restriction, even if the conviction itself is expunged and sealed.
• For other felony convictions, an expungement may restore state firearm rights, but caution is warranted. Indiana’s expungement law says your civil rights are restored, but it also defers to federal law on firearms. Under federal law, if your felony is expunged and your civil rights (including the right to possess firearms) are restored, you might no longer be prohibited from owning a gun. However, federal authorities could still consider the nature of the expunged conviction. It’s critical to get legal advice specific to your case before attempting to possess a firearm after expungement of a felony. In short: do not assume expungement gives you a green light to own a gun – verify through the proper legal process.
• Expungement does not affect the sex offender registry for those who were required to register. (As noted, those offenses can’t be expunged anyway in most cases.) If somehow a registrable offense were expunged, the record might be marked expunged but you would likely still have to register if required by the conviction. The safer assumption is that expungement will not remove registry obligations that were tied to a conviction.

Aside from firearms, expungement can help with things like professional licenses and employment. Many licensing boards in Indiana cannot deny a license solely because of an expunged conviction. Likewise, employers (with a few exceptions like law enforcement agencies) are not allowed to ask about or discriminate based on expunged records. Expungement truly offers a fresh start, but always double-check specific consequences with an attorney – for example, immigration consequences of a conviction might not be erased by expungement under federal immigration law.

The “One-Time” Expungement Rule (Use It Wisely)

Indiana law limits individuals to one expungement petition for convictions in a lifetime (Section 1 petitions for arrests can be used more than once, but those are for non-convictions). This one-time rule means you need to include all your eligible convictions in that single opportunity. Here’s what you need to know:

• One bite at the apple: You can only petition the court once under Sections 2–5 for expunging convictions. After that, you cannot file again for any future convictions. This is why timing and planning are critical. You generally want to wait until you are past the waiting period for all convictions you want to clear, and ensure you have no new incidents that could derail the process.
• Multiple counties – one year window: If your convictions are in different counties, you will need to file separate expungement petitions in each county. To comply with the one-time rule, Indiana law says if you file in multiple counties, you must file all such petitions within a one-year period to have them treated as one collective expungement effort. For example, if you have a felony in County A and a misdemeanor in County B, you might file in County A in January and County B in March of the same year – those will count as one expungement attempt (since they’re within 365 days of each other). If you were to wait longer than a year to file the second county, you’d likely be barred because it’d be a “second” petition outside the window.
• Include all eligible convictions: In each county, you are required to consolidate all your convictions in that county into one petition. You cannot file separate expungements for separate cases at different times in the same county – they all must be addressed together. If you leave a conviction out and try to come back for it later, the court will deny the later petition. Thus, you must list every eligible case number, charge, and conviction you seek to expunge in that petition.
• Strategic considerations: Because you only get one shot, it may be wise to wait until you are eligible for all the expungements you will ever want. For instance, if you have a recent conviction not yet old enough to qualify, and an older one that is already eligible, you might choose to delay filing so that you can include the recent one once it meets the waiting period. On the other hand, if all your convictions are currently past the waiting periods, it might be time to act now and get the relief. An attorney can help time things correctly.
• Refiling and mistakes: If your expungement petition is denied with prejudice (on the merits), you do not get another chance. If it’s denied for procedural reasons or because it was premature, you might be able to refile, but generally the courts interpret the statute strictly. Bottom line: do it right the first (and only) time.

The one-time rule underscores the importance of doing a thorough, correct job on your expungement. This is truly a “second chance” that the law extends, and it must be handled carefully to avoid losing that chance.

Take the Next Step – Get a Personalized Expungement Assessment

Indiana’s expungement law offers a powerful opportunity to put your past behind you, but it’s a complex legal process with many caveats. Eligibility depends on the type of offense, your history, and strict timing rules. You have only one chance to get it right for conviction expungements. It’s vital to approach it with a clear strategy and understanding of the law.

As experienced Indiana criminal defense attorneys, we can guide you through this process from start to finish. We will review your criminal record, determine exactly which parts are eligible under Indiana’s five-tier expungement system, and ensure that disqualifying factors (like timing or unpaid fees) are addressed before we file. Together, we’ll gather the necessary information and petitions to present the strongest case for your expungement. If prosecutorial consent or a hearing is needed for a serious felony, I will advocate on your behalf every step of the way.

Contact our office today at 317-718-7000 for a personalized expungement eligibility assessment. We will evaluate your situation confidentially and advise you on your options. If you qualify, we’ll help you move forward with confidence, knowing that a clean slate is within reach. Don’t let your past hold you back – call us or send a message now to start your second chance. Your fresh start under Indiana’s expungement law begins with a single step, and we’re here to help you take it.