Denied an Expungement in Indiana? Here’s What to Do Next

Being denied an expungement can feel like hitting a legal roadblock —but it does not mean you are out of options. Whether your expungement was denied due to eligibility, procedural issues, or missing documentation, understanding the next steps is key to moving forward.

Common Reasons for Denial

• Ineligibility:  Some convictions, such as sex crimes or serious violent felonies, may be excluded under Indiana law.

• Too Soon to File: If the waiting period has not passed (e.g., 5 years for misdemeanors, 8-10 years for felonies), the court will deny the petition.

• Incomplete Filing: Missing documents, incorrect case numbers, or failing to notify all required parties can result in a denial.

• Outstanding Court Costs or Fines: Courts often require all obligations tied to the case to be fully satisfied before granting an expungement.

What to Do Next

1. Review the Court’s Order: The judge may provide a specific reason for the denial, which is crucial for deciding your next step.

2. Consult an Attorney: An expungement lawyer can evaluate your case and determine whether it is fixable through refiling or if you must wait to reapply.

3. Correct and Refile (if allowed): In some counties, courts will allow you to correct minor errors and resubmit without starting the entire process over.

4. Wait and Reapply: If timing was the issue, calendar the correct date and prepare early to refile once eligible.

5. Appeal (in rare cases): If you believe the court made an error in interpreting the law of facts, your attorney may recommend appealing the decision.

Bottom Line

A denial does not mean your future is forever tied to your past. With the right guidance, you may still have a clear path toward expungement and a clean slate.