How to Expunge an Arrest Record in Indiana

Nov 4

5 min read

If you were arrested or charged in Indiana but not convicted, you can usually get the arrest record expunged. Indiana law treats these records differently from convictions. When charges are dismissed or you are acquitted, the court generally must order the records expunged on its own, without a petition. In practice, that does not always happen as it should, and an old arrest can keep showing up on background checks. If you were arrested but never charged, a petition can be filed one year after the arrest. Once the records are expunged, they are removed from criminal history databases and court records are sealed or redacted.

Key points

Arrests and charges that did not end in a conviction are covered by IC 35-38-9-1.
Since July 1, 2022, courts must automatically order expungement after a dismissal, acquittal, or a conviction that is later vacated.
If you were arrested but never charged, you may petition one year after the arrest, or earlier if the prosecutor agrees in writing.
There is no filing fee for a petition to expunge an arrest that did not lead to a conviction.
Expunged arrest records are sealed or removed from public view, not destroyed. Courts and criminal justice agencies can still access them for official purposes.

What does Indiana law say about arrests without a conviction?

IC 35-38-9-1 covers records of an arrest, criminal charge, or juvenile delinquency allegation that did not result in a conviction or juvenile adjudication. This includes cases where:

the charges were dismissed;
the person was acquitted at trial;
the arrest never led to charges; or
a conviction was later vacated on appeal.

There are two paths: automatic expungement and expungement by petition.

Automatic expungement after a dismissal or acquittal

Since July 1, 2022, Indiana courts must order the records expunged without a petition when:

all charges are dismissed;
the person is acquitted of all charges; or
a conviction is later vacated.

The order cannot take effect earlier than 60 days after the dismissal or acquittal. A prosecutor may ask the court to delay the expungement for up to one year by showing specific facts that justify the delay.

Automatic expungement is designed to happen in the background, so many people never see a separate order and do not know whether it was entered. Orders can be delayed or missed, and agencies do not always update their records. If an arrest still appears on a background check, it is worth having the court file and your criminal history reviewed.

Expunging an arrest that never led to charges

If you were arrested but no charges were filed, or if you need to file for another reason, you can file a petition.

When you can file: The petition generally may be filed one year after the date of the arrest, criminal charge, or juvenile allegation, whichever is later, as long as no charges are pending. The prosecuting attorney may agree in writing to an earlier filing.

Where to file: In the court where charges were filed or, if no charges were filed, in a court in the county where the arrest occurred.

Cost: There is no filing fee for this type of petition.

What you must show: That the waiting period has passed, that the arrest did not result in a conviction (or the conviction was vacated), that you are not participating in a pretrial diversion program unless the prosecutor consents, and that no charges are pending.

What happens next: The court sends the petition to the prosecutor. If the prosecutor does not object, the court may grant it without a hearing. If the prosecutor objects, the court sets a hearing. If you meet the requirements, the court must grant the petition. There is no limit on the number of arrest records you can expunge.

For more on what happens after a petition is filed, see our article on whether you have to go to court for an Indiana expungement.

What happens to the records?

When a court orders an arrest record expunged:

information about the arrest may not be kept in the state's central criminal history repository or in other alphabetical criminal history systems maintained by law enforcement; and
court records about the case, including appellate records, must be redacted or permanently sealed.

The records are sealed or removed from public view, not destroyed. Courts and criminal justice agencies can still use them for official purposes.

How does an expunged arrest affect jobs and licenses?

Indiana law makes it unlawful to refuse employment, admission, or a license, or to otherwise discriminate against a person, because of an expunged arrest or conviction record. Employers and others may ask about criminal history only in terms that exclude expunged records. For example, an application may ask, "Have you ever been arrested for or convicted of a crime that has not been expunged by a court?"

Our article on whether employers see expunged records in background checks covers this in more detail.

Common questions about timing and mistakes

The case was dismissed, but the arrest still shows up. Automatic expungement may not have taken effect yet, the prosecutor may have asked for a delay, or a database may not have been updated. A lawyer can review your record and the court file.
The arrest happened in another county. Records are handled by the court in the county where charges were filed or where the arrest occurred. You may need to deal with more than one county.
You also have convictions. Conviction records follow different rules, waiting periods, and fees. Our article on how to expunge a record in Indiana explains the conviction process.

Frequently asked questions

Do I need to file anything if my charges were dismissed?

Often not, but you should not assume the expungement happened. Since July 1, 2022, the court is required to order the records expunged after a dismissal or acquittal, but the order may be delayed or missed, and older cases may not be covered. A lawyer can confirm whether an order was entered and file a petition if one is needed.

How long do I have to wait to expunge an arrest that was never charged?

Generally one year after the arrest, as long as no charges are pending. The prosecutor may agree in writing to an earlier filing.

Does expunging an arrest count as my one expungement?

Indiana's one-petition rule applies to conviction records. Arrest records that did not lead to a conviction are handled separately, and there is no limit on the number of arrest petitions.

Is there a cost to expunge an arrest record?

There is no court filing fee for a petition to expunge an arrest that did not result in a conviction. A petition that leaves out required information can still be denied or delayed, so it should be prepared carefully. Our article on how much an expungement costs in Indiana covers conviction fees and other possible costs.

How Brinkley Law can help

Clearing an arrest record is often simpler than expunging a conviction, but the details still matter. Brinkley Law can:

review your court records and criminal history to see what is still showing;
confirm whether an automatic expungement order was entered;
prepare and file a petition in the right court when one is needed;
respond if the prosecutor objects and represent you at a hearing;
follow up when an agency or database has not been updated; and
plan how arrest records and any convictions should be handled together, since conviction expungements have their own limits.

Talk with Brinkley Law about clearing your record

If an old arrest or dismissed charge is still affecting your job search, housing, or licensing, contact Brinkley Law. You can schedule a consultation online or call 317-766-1379. Learn more about our expungement practice.

Brinkley Law, 8888 Keystone Crossing, Suite 1300, Indianapolis, Indiana 46240.

This article provides general information about Indiana law and is not legal advice. Reading it or contacting Brinkley Law does not create an attorney-client relationship. The application of the law depends on the facts of each matter.