How Do I Get My Record Expunged in Indiana? (What Are the Steps?)

A criminal record can follow you long after you’ve paid your fines, served your sentence, or turned your life around. From job applications to housing opportunities, even a single old charge can create roadblocks. The good news? Indiana has a strong expungement law, often called the “Second Chance Law” that allows many people to seal or clear their record.

If you’ve been wondering “How do I get my record expunged?” Here’s an overview of the main steps.

Step 1: Determine Your Eligibility

Not all charges or convictions qualify for expungement. In Indiana, most misdemeanors and many non-violent felonies can be expunged if you meet certain requirements, such as:

• Completion of your sentence (including probation and parole)

• A waiting period (typically 5 years for misdemeanors, 8 or 10 years for felonies, though this varies)

• No new convictions since completing your sentence

• All fines, restitution, and fees have been paid

  
  

Some serious crimes, like sex offenses, certain violent felonies, and official misconduct are not eligible for expungement.

Step 2: Gather Your Records

Before filing, you’ll need accurate information about your charges and convictions. This usually means obtaining a criminal history report from the Indiana State Police and checking court records in the counties where you were charged.

Step 3: File a Petition

Expungements are not automatic. You must file a formal petition for expungement with the court in the county where you were charged or convicted. Each county may have slightly different forms or requirements, so it’s important to file correctly.

The petition must include details about your case, proof you meet the waiting period, and confirmation that you’ve paid all fines and restitution.

Step 4: Notify the Prosecutor

Indiana law requires that the prosecutor in the county where you file be notified of your expungement petition. The prosecutor can respond or object. In many cases, if you meet the requirements, prosecutors will not oppose your request, but mistakes in the petition can create delays or denials.

Step 5: Court Review and Hearing

Once your petition is filed, a judge will review it. Some expungements are granted on the paperwork alone, while others require a hearing. If approved, the court will order the expungement, and your record will be sealed from public view.

Why Legal Guidance Matters

Indiana’s expungement law is powerful, but it’s also technical. One small error, such as filing in the wrong county or missing a required document, can set you back months or even cause your petition to be denied. Working with an attorney experienced in Indiana expungements helps ensure the process goes smoothly and that your petition includes everything the court needs.

Ready for a Fresh Start?

At Brinkley Law, we help clients across Indiana navigate the expungement process so they can move forward without the weight of a criminal record. If you’re interested in obtaining an expungement, call Brinkley Law today at 317-766-1379.