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

A denial can feel like the door to a fresh start just slammed shut. Take a breath. Indiana’s expungement law still gives you options. The key is to act quickly and strategically.

Why Petitions Get Denied

Most denials boil down to fixable issues: missing documents, filing in the wrong county, not satisfying the waiting period, unpaid fines or restitution, or having a pending charge. Indiana courts may also deny if the filing doesn’t meet statutory requirements on its face. Serious offense types and certain discretionary categories can draw objections or stricter review.

Fix-It Path: Amend, Refile, or Appeal

Under Indiana Code § 35-38-9-9, a person whose petition is denied in whole or in part may be able to refile for the convictions that weren’t expunged. If your denial was based on the court’s discretion under Sections 4 or 5 (more serious felonies), you generally must wait three years before refiling. You can’t add new convictions to a refiled petition unless the court finds good-faith intent and excusable neglect, or circumstances beyond your control. These are technical rules, make sure you match your next step to the reason for denial.

Multi-County & One-Year Rule

Indiana treats expungement as a “one time in your life” opportunity for conviction records, but petitions filed in different counties within a single 365-day window count as one petition. If your denial stemmed from not coordinating counties correctly, you’ll want to reassess strategy before any refiling.

Prosecutor Consent Can Help in Tight Spots

If you’re a bit short on a waiting period, sometimes a prosecutor’s written consent can keep your case viable. It’s not guaranteed, but it’s a conversation worth having in the right circumstances.

Practical Next Steps

1. Read the order and note exact reasons for denial.

2. Cure defects (pay balances, obtain certified records, correct county filings).

3. Choose a path: amend/refile (if permitted), negotiate prosecutor consent, or appeal.

4. Partner with counsel: the statute’s “one-time” structure and refiling limits make precision critical.

   
   

Your setback doesn’t have to be the ending. With the right timeline and tactics, many denials can be turned around.