Common Expungement Mistakes to Avoid

Indiana’s expungement law offers a powerful opportunity to move past a criminal record, but the process is far from automatic. Even small mistakes can delay your case, lead to denial, or permanently block relief for certain charges. If you’re considering expungement, avoiding these common errors can make the difference between success and frustration.

1. Filing Too Early

One of the most common and costly mistakes is filing before the required waiting period has passed. Indiana law sets specific timelines depending on the type of case:

Arrests without conviction generally require a one-year waiting period.

Misdemeanor convictions typically require five years.

Certain felony convictions require eight years or more.

If you file even one day too soon, the court can deny your petition, forcing you to start over and pay filing fees again.

2. Assuming All Charges Are Eligible

Not every offense can be expunged. Certain violent crimes, sex offenses, and crimes involving serious bodily injury are excluded under Indiana law. Many people mistakenly assume that because one case is eligible,  all cases on their record are.

Expungement eligibility must be evaluated charge by charge, not case by case. Overlooking an ineligible offense can jeopardize the entire petition.

3. Leaving Out Eligible Cases

On the flip side, some people unintentionally leave eligible cases off their petition. Indiana generally allows only one expungement petition per lifetime for convictions. If you fail to include everything you qualify to expunge, you may permanently lose the chance to clear additional records later.

This mistake often happens when people rely on incomplete background checks or memory instead of a full criminal history review.

4. Incorrect or Incomplete Paperwork

Expungement petitions require precise information, including: correct cause numbers, accurate charge descriptions, proper court filing locations, required attachments and notices. Missing details or filing in the wrong court can delay your case for months or result in outright denial.

5. Failing to Notify Required Parties

Indiana law requires notice to specific agencies, such as the prosecutor’s office and arresting law enforcement agency. If notice isn’t properly served, the court may refuse to act on your petition, even if you otherwise qualify. This procedural step is often overlooked by people trying to handle expungement on their own.

6. Not Preparing for Objections or Hearings

Some expungement cases move forward without issue, but others face objections from prosecutors or victims. If a hearing is scheduled and you’re unprepared, you risk losing your chance at relief, even when the law is on your side.

Legal arguments, documentation, and timing matter in these situations.

Why Getting It Right Matters

Expungement can open doors to better jobs, housing, professional licenses, and peace of mind. But mistakes can cost time, money, and opportunities you can’t afford to lose.

Get Help Before You File

You don’t have to navigate Indiana’s expungement process alone and you shouldn’t risk your future on guesswork. Call or schedule a confidential consultation today at 317-766-1379 to review your record and ensure your expungement is handled correctly the first time. A clean slate starts with doing it right.