Can I File My Own Expungement in Indiana? What the Forms Don't Tell You

4 days ago

6 min read

Yes, Indiana law allows you to file your own petition for expungement, and people search for Indiana expungement forms every day. The harder question is whether you should. For conviction records, Indiana Code 35-38-9-9 allows only one petition for expungement during your lifetime, and a court may summarily deny a petition that does not meet the statute's requirements. A self-filed petition that is incomplete, mistimed, or missing a case is not a small setback. It can permanently limit what you are able to clear.

Key points

There is no single official state form that works in every county; the statute lists what a verified petition must contain, and local practice varies.
The petition must list every conviction and collateral action in that county, with cause numbers and dates, plus your Social Security and driver's license numbers and every address since the offense.
Petitions for convictions in different counties must be filed separately, and they count as one lifetime petition only if filed within the same 365-day window.
The prosecutor is served and has 30 days to object; if the prosecutor objects, a hearing is set.
A conviction left out of your petition can be added later only in narrow circumstances that the courts apply strictly.

What an Indiana expungement petition must contain

For conviction records, IC 35-38-9-8 requires a verified petition, meaning a document signed under penalty of perjury, that includes:

your full name and every other legal name or alias you have used;
your date of birth;
every address where you have lived from the date of the offense to the date of the petition;
the case or cause number for each conviction, if available;
an affirmation that no criminal investigation or charges are pending against you;
an affirmation that you have not committed another felony or misdemeanor during the waiting period;
a list of all convictions and all collateral actions, with the date of each conviction and any appeals;
your Social Security number, driver's license number, arrest date, and conviction date;
an affirmation that the waiting period has passed, or a copy of the prosecutor's written consent to an earlier filing;
a description of any other expungement petitions you have filed; and
for the most serious felonies, the prosecutor's written consent attached to the petition.

The petition is filed in a circuit or superior court in the county of conviction, and you must pay the standard civil filing fee, which is currently in the range of about $160 per county. The court can reduce or waive the fee if you are indigent. Petitions to expunge arrests or charges that did not end in a conviction have no filing fee. Our article on how much an expungement costs in Indiana breaks down the typical expenses.

Where self-filed petitions go wrong

Filing before you are eligible

The waiting periods run from different dates depending on the section: five years from conviction for misdemeanors, eight years for Level 6 felonies, and for other felonies the later of eight or ten years from conviction or three or five years from completing the sentence. People often count from the arrest, the plea, or the end of probation and file too early. An early petition can be summarily denied, and a 2025 Indiana Court of Appeals decision held that a case which was not yet eligible when you filed generally cannot be added to that petition later.

Leaving out a case

The statute requires you to consolidate every conviction you want expunged from the same county into one petition. Old cases, cases under a different name, cases that were reduced from a felony to a misdemeanor, and collateral actions such as forfeitures or specialized driving privilege cases are frequently missed. A court may allow a supplemental petition for an omitted conviction only if it finds you intended in good faith to comply, the omission was due to excusable neglect or circumstances beyond your control, and allowing it serves the interests of justice. Courts read those requirements narrowly.

Unpaid fines, fees, costs, or restitution

You must prove that all fines, fees, court costs, and restitution on the conviction have been paid. A balance of a few dollars on a decades-old case can sink that part of the petition. Identifying and resolving balances before filing is part of a proper review.

Multiple counties and the 365-day window

Convictions in different counties require a petition in each county. Those petitions are treated as one lifetime petition only if they are all filed within one 365-day period. Someone who files in Marion County, then discovers a Hamilton County case two years later, may find the second petition barred.

Service, objections, and hearings

You must serve the prosecutor under the Indiana Rules of Trial Procedure. If the prosecutor objects, the court sets a hearing no sooner than 60 days after service, and you carry the burden of proving the facts in your petition by a preponderance of the evidence. A victim may appear and give a statement. For felonies under the discretionary sections, the judge can deny the petition even if you meet every requirement, and you then wait three years to refile. Our article on whether you have to go to court for an Indiana expungement explains what a hearing involves.

Wrong section, wrong relief

Misdemeanors and Level 6 felonies are sealed. Higher felonies are only marked as expunged and remain public records. Petitioning under the wrong section, or failing to argue that a felony was reduced to a misdemeanor, can leave you with less relief than the law allows.

Is a free or do-it-yourself expungement realistic?

Arrest and dismissed-charge records are the most realistic candidates for a self-filed petition: there is no filing fee, the court must grant a complete petition, and the one-petition rule does not apply. Many of those records are now expunged automatically for cases filed after June 30, 2022, though you should confirm it actually happened. Our article on expunging an arrest record in Indiana explains that process.

Conviction records are different. The paperwork is more demanding, the consequences of error are permanent, and the prosecutor may push back. Forms found online are often outdated, written for another county, or silent about collateral actions and multi-county filings. The filing fee is the same whether or not you have a lawyer, so the question is really whether the attorney's fee is worth protecting your one opportunity.

Frequently asked questions

Where do I get Indiana expungement forms?

Indiana does not have one statewide fill-in form that every court accepts. The statute lists what the petition must include, and some counties post local templates. Any form still has to be verified, complete, and filed in the right court with the right fee and proper service on the prosecutor.

Can I fix my petition after I file it?

You can generally correct a pending petition before the court rules, but adding a conviction that was not in the original petition requires the court's permission under a strict standard. A petition that is denied can be refiled only as to convictions that were included in the original filing.

Does the prosecutor have to agree?

For misdemeanors and Level 6 felonies, no; if you meet the requirements, the court must grant the petition even over objection. For the most serious eligible felonies, the prosecutor's written consent is required. For felonies in between, the judge has discretion, and the prosecutor's position carries weight.

How long does the process take?

If the prosecutor does not object, a court can rule without a hearing after the 30-day response period. If there is an objection, a hearing is set at least 60 days out, and the timeline depends on the court's calendar. Our article on how long expungement takes in Indiana has more detail.

How Brinkley Law can help

Brinkley Law prepares Indiana expungement petitions as a complete project: we obtain your criminal history, confirm every cause number and balance, determine the correct section and earliest eligible date for each case, coordinate filings across counties within the 365-day window, serve the prosecutor, respond to objections, and appear at any hearing. You see the full picture before anything is filed.

Start with a free eligibility check

If you have been searching for Indiana expungement forms, consider a review first. The quickest way to begin is the firm's secure online intake: Start your free expungement eligibility check. It takes a few minutes, asks about your record and any open cases, and lets Attorney Sarah Brinkley review your situation before you file anything. You can also call 317-766-1379, book a consultation online, or learn more about our Indiana expungement practice.

Brinkley Law LLC, 8888 Keystone Crossing, Suite 1300, Indianapolis, Indiana 46240. Phone 317-766-1379.

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