INDIANA
How to Clear Your Criminal Record
in Indiana
A free, plain English guide to expungement under Indiana's Second Chance Law — who qualifies, waiting periods, and the one critical rule you must know before filing.
The Most Important Thing to Know First
Indiana gives you ONE lifetime filing. Under I.C. § 35-38-9-9(i), you may only file for expungement once in your lifetime. You can include multiple cases in that one filing, but once you file — that's it. If you file before all your cases are eligible, or if you miss a case, you may permanently lose the opportunity to expunge it. Do not file until you are ready to include everything. Consult an attorney before filing.
Good news: If you meet all statutory requirements for a misdemeanor or Level 6 felony expungement, the court must grant your petition — it is mandatory, not discretionary. The judge has no power to deny you if you qualify. For higher-level felonies the court has more discretion.
Indiana's expungement law — often called the Second Chance Law — was passed in 2013 and has been expanded several times. It allows expungement of most arrests, misdemeanors, and many felonies after waiting periods. Expunged records are sealed from public view — most background checks will not show them.
What Can — and Can't — Be Expunged
ELIGIBLE FOR EXPUNGEMENT
- Arrests without conviction — after 1 year (or immediately if acquitted after June 30, 2022)
- Misdemeanor convictions — after 5 years
- Level 6 / Class D felony convictions — after 8 years
- Level 6 felony treated as misdemeanor (AMS) — after 5 years
- Other eligible felonies (no serious bodily injury) — after 8 years or 3 years post-sentence
- Serious eligible felonies (no death) — after 10 years or 5 years post-sentence
- Multiple cases — all can be included in one lifetime filing
NOT ELIGIBLE FOR EXPUNGEMENT
- Sex offenses requiring registration
- Violent offender convictions
- Homicide — murder, voluntary or involuntary manslaughter
- Felonies resulting in another person's death
- Two or more felonies involving a deadly weapon (separate episodes)
- Official misconduct (for elected officials)
- Pending criminal charges in any court
- New conviction during the waiting period
- Unpaid fines, fees, costs, or restitution
Important for major felonies: Expungement of higher-level felonies (Level 1–5) requires the written consent of the prosecuting attorney OR a court finding by clear and convincing evidence. Without prosecutor consent, the court has discretion and may deny the petition. This is why attorney assistance is strongly recommended for felony expungements.
Waiting Periods
All waiting periods run from the date of conviction — not from when you completed your sentence. You must also have paid all fines, fees, court costs, and restitution, and must not have been convicted of any crime during the waiting period.
Arrest without conviction — petition
1 year
Misdemeanor conviction
5 years
Level 6 felony treated as misdemeanor (AMS)
5 years
Level 6 / Class D felony conviction
8 years
Other eligible felonies (no serious bodily injury)
8 yrs / 3 post-sentence
Serious eligible felonies (no death)
10 yrs / 5 post-sentence
The prosecuting attorney may agree in writing to a shorter waiting period. If the prosecutor consents, you can file earlier than the standard waiting period. This is worth exploring if you have a strong rehabilitation case and a cooperative prosecutor.
How to File — Step by Step
Before you file: Because Indiana allows only one lifetime filing, you must identify and include every case you want expunged before you submit your petition. Once filed, you cannot go back. Review your complete criminal history carefully and wait until all your cases are eligible.
1
Get Your Complete Indiana Criminal History
Request a copy of your Indiana criminal history from the Indiana State Police at
in.gov/isp. Review every arrest, charge, and conviction. You need to include everything in your one lifetime filing — missing a case could cost you permanently.
2
Determine Which Category Applies to Each Case
Indiana has five expungement categories under IC 35-38-9 — each with different waiting periods, requirements, and levels of court discretion. Misdemeanors (§ 35-38-9-2) are mandatory if you qualify. Level 6 felonies (§ 35-38-9-3) are mandatory. Major felonies (§§ 35-38-9-4 and 35-38-9-5) are discretionary and may require prosecutor consent. Use Indiana Legal Help at
indianalegalhelp.org to check eligibility.
3
Prepare Your Verified Petition
Your petition must include your full name and all aliases, a list of all convictions and arrests you want expunged with cause numbers and dates, affirmation that the waiting period has elapsed, affirmation that you have not been convicted of any other crime during the waiting period, and affirmation that all fines, fees, and restitution have been paid. Get petition forms from the Indiana Courts at
in.gov/courts.
4
File in Each County Where You Were Convicted
You must file a separate petition in each county where a conviction or arrest occurred. There is no filing fee for most expungement petitions in Indiana. Serve a copy on the prosecuting attorney in each county. The prosecutor has 30 days to respond — they may agree, object, or request a hearing.
5
Attend a Hearing if Required
For misdemeanor and Level 6 felony petitions — if the prosecutor does not object, the court may grant your petition without a hearing. If the prosecutor objects, a hearing is scheduled. For higher-level felony petitions, a hearing is more likely. Come prepared with evidence of rehabilitation, employment, and community involvement.
6
After Expungement Is Granted
For arrests and misdemeanors — records are sealed and not available for public viewing. For major and serious felonies — records remain publicly visible but must be clearly marked "expunged" and treated accordingly. Law enforcement and courts retain access to all expunged records. You can legally say you were not convicted in most situations.
Helpful Resources
FREE LEGAL HELP
Indiana Legal Services
Free civil legal help for low-income Hoosiers — including expungement assistance statewide
indianalegalservices.org →
FREE LEGAL HELP
Indiana Legal Help
Free eligibility tools and legal aid referrals for Indiana expungement — find low-cost help near you
indianalegalhelp.org →
HOUSING, FOOD & BENEFITS
findhelp.org
Search thousands of free and reduced-cost programs for housing, food, work, and more in your area
findhelp.org →
JOB SEARCH HELP
American Job Centers
Free job search assistance, resume help, and training — including resources for people with records
careeronestop.org →
INDIANA BAR REFERRAL
Indiana State Bar Association
Find a licensed Indiana attorney for expungement help — especially important for felony cases
inbar.org →
COURT LOCATIONS
Indiana Courts
Find your county circuit or superior court to file your expungement petition
in.gov/courts →
Frequently Asked Questions
Why does the one lifetime filing rule matter so much? +
Indiana law is explicit — you can only file for expungement once in your lifetime. This means if you file before all your cases are eligible, or if you forget to include a case, you permanently lose the opportunity to expunge that case. There is no second chance. This is why you must request your complete criminal history, wait until everything is eligible, and include every case you want expunged in your one filing. Many Indiana attorneys offer consultations specifically to help people prepare their one lifetime petition correctly.
Is expungement mandatory if I qualify for a misdemeanor? +
Yes — for misdemeanor convictions and Level 6 felony convictions, if you meet all statutory requirements the court shall grant your petition. This is mandatory — the judge cannot deny you if you qualify. This is one of the strongest expungement provisions in the country. For higher-level felony convictions, expungement is discretionary — the court weighs factors and may deny even if you technically qualify.
Can I legally deny the conviction after expungement? +
Yes — after expungement you may legally state in most situations that you have not been arrested or convicted of that offense. This applies to most job applications, housing applications, and licensing applications. For major and serious felony expungements, the records remain publicly visible but must be marked "expunged" — the practical protection is somewhat less. Law enforcement and courts retain access to all expunged records.
What if the prosecutor objects to my petition? +
For misdemeanor and Level 6 felony petitions — if the prosecutor objects, the court schedules a hearing. You must prove by a preponderance of the evidence that you meet all statutory requirements. If you do, the court must still grant your petition — the prosecutor's objection cannot override a mandatory grant. For higher-level felony petitions — prosecutor consent may be required, or the court must find by clear and convincing evidence that expungement is appropriate. An attorney is strongly recommended in these cases.
What is Alternative Misdemeanor Sentencing (AMS) and how does it help? +
Alternative Misdemeanor Sentencing (AMS) allows certain Level 6 felony convictions to be treated as misdemeanors by the court. If your Level 6 felony was sentenced under AMS, you can petition for expungement after only 5 years — the same as a misdemeanor — instead of waiting 8 years. The 5-year clock starts from the original date of conviction, not from when the AMS treatment was applied. If your felony wasn't sentenced under AMS, you may be able to petition the court for reduction first and then expungement sooner.
Do I need an attorney? +
Given the one lifetime filing rule, working with an Indiana attorney before filing is strongly recommended — especially if you have multiple cases, felony convictions, or cases in multiple counties. A mistake in your petition could permanently cost you the ability to expunge a case. Indiana Legal Services offers free help for those who qualify. For straightforward misdemeanor cases, the Indiana Courts self-service forms at in.gov/courts are accessible — but still review your full history carefully first.
After Your Record Is Expunged
After expungement in Indiana, most arrests and misdemeanor/Level 6 felony records are sealed from public view. You can legally state in most situations that you have not been convicted of that offense. Major felony records remain visible but must be marked "expunged."
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Employment
Expunged arrests and misdemeanor/Level 6 felony records do not appear on most background checks. You can legally deny those convictions on most private job applications. Indiana law prohibits most employers from discriminating based on expunged records. Law enforcement employers, certain licensed professions, and positions working with children or vulnerable adults may still require disclosure.
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Gun Rights
Expungement of a misdemeanor conviction generally leaves gun rights intact since there was no felony involved. Expungement of a felony conviction under Indiana law does not automatically restore federal firearms rights — federal law still applies. If you have a felony conviction and wish to possess a firearm, consult a licensed Indiana attorney before purchasing or possessing a firearm.
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Professional Licensing
Indiana law limits the ability of licensing boards to deny licenses based on expunged convictions. However certain regulated professions — healthcare, law, education, childcare — may still have access to expunged records. Contact the specific licensing board before applying to understand their requirements.
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Background Check Databases
Expunged Indiana records are sealed from public view but not destroyed — they remain accessible to courts and law enforcement. Private background check companies must update their records after expungement but may lag. Keep your expungement order and dispute any records that still appear. Note that federal agencies are not required to honor Indiana expungement orders.
For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.
This guide is for informational purposes only and does not constitute legal advice. Laws change — always verify current requirements with your county court clerk or a licensed attorney in your state before filing.
