Expungement of Criminal Records in Indiana

Indiana expungement law, sometimes called the "Second Chance Law," allows certain criminal records to be sealed from public access or marked as expunged after specific statutory waiting periods. Eligibility depends on the type of case involved, the outcome of the case, and how much time has passed since the arrest or conviction. Some records may be sealed from public access, while others may remain visible but marked as expunged under Indiana law.

Expungement law is detailed, and the rules vary depending on the type of record involved. The information below provides a general overview of common eligibility categories. Because mistakes can delay or prevent relief, individuals should consider speaking with an attorney before filing a petition.

Expungement often follows the resolution of a criminal case. If you are currently facing charges, you may also wish to review our criminal defense representation page for information about how these cases proceed in Indiana courts.

An eligible expungement may reduce the impact a criminal record has on employment opportunities, housing applications, professional licensing, and other background checks. Although the effect of an expungement varies depending on the type of record involved, many individuals pursue expungement to move forward after successfully completing the requirements of their case.

While eligibility depends on several statutory requirements, many people begin by considering a few basic questions:

• How long has it been since the arrest or conviction?
• Were all fines, fees, and restitution paid?
• Are there any current pending criminal charges?
• Have you avoided new criminal convictions during the waiting period?

If these questions apply to your situation, you may wish to speak with an attorney about whether expungement could be available in your case.

Expungement petitions must generally be filed in the court where the original case occurred. The petition must include specific information about the case and may require payment of filing fees.

Because the statute allows only limited opportunities to request expungement, petitions should be prepared carefully before filing.

Arrest records may be eligible to be sealed from public access if the case did not result in a conviction.

Common situations include:

• An arrest where charges were never filed
• Charges that were later dismissed
• A case that resulted in an acquittal

When a record is sealed, it generally becomes inaccessible to the public, including most background checks performed by private employers.

Certain misdemeanor convictions may be eligible for expungement after a waiting period.

General eligibility requirements may include:

• The required waiting period has passed
• No pending criminal charges
• All fines, fees, court costs, and restitution have been paid
• No disqualifying criminal convictions during the waiting period

Indiana law generally requires at least five years to pass after the conviction before a petition may be filed.

Some Level 6 felony convictions may be eligible for expungement after a longer waiting period.

Eligibility may require:

• The applicable waiting period has passed
• No pending criminal charges
• All fines, fees, court costs, and restitution have been paid
• No disqualifying convictions during the waiting period

The waiting period for these cases is generally longer than for misdemeanors.

Some felony convictions beyond Level 6 offenses may also qualify for expungement, depending on the specific offense and the time that has passed since conviction.

These petitions typically involve longer waiting periods and additional statutory requirements. Each case must be evaluated individually to determine eligibility.

In limited circumstances, expungement may be available for certain more serious felony convictions. These cases often require longer waiting periods and additional statutory conditions.

In some situations, the prosecuting attorney must consent to the expungement before the court may grant the petition.