How Long Do I Have to Wait Before Applying for Expungement in Indiana?

A past mistake shouldn’t define your future. For many Hoosiers, expungement offers the opportunity to clear old criminal records and move forward with confidence. But one of the most common questions we hear is: “How long do I have to wait before I can apply for expungement in Indiana?”

The answer depends on the type of conviction and your specific circumstances. Indiana’s expungement law, sometimes called the “Second Chance Law,” sets out different waiting periods depending on the severity of the offense. Let’s break it down.

Misdemeanors and Class D / Level 6 Felonies

If you were convicted of a misdemeanor or a Class D/Level 6 felony that was later reduced to a misdemeanor, you generally must wait five years from the date of conviction. You must also have completed all terms of your sentence, including probation and fines.

Felonies (Non-Violent)

For most non-violent felony convictions, the waiting period is eight years from the date of conviction, or three years after completing your sentence, whichever is later.

Serious Felonies

For more serious felony convictions (not involving violence or sex offenses), the waiting period can extend to ten years from the date of conviction or five years after completing the sentence. These petitions often face closer scrutiny and may require the consent of the prosecutor.

Arrests and Charges That Did Not Lead to Conviction

Good news: if you were arrested but never charged or your case was dismissed you don’t have to wait nearly as long. In most cases, you can request expungement one year after the arrest or dismissal.

Factors That May Affect Your Timeline

• Multiple Convictions: If you have several convictions, you may need to file for expungement at the same time, which could extend your waiting period.

• Outstanding Obligations: All fines, fees, restitution, and probation requirements must be satisfied before you can file.

• Repeat Petitions: Indiana law generally allows only one expungement petition in a lifetime, so timing is critical.

  
  

Why Timing Matters

Waiting the correct amount of time isn’t just a formality, it determines whether your petition is even considered by the court. Filing too early can result in a denial, and since the law limits how often you can apply, that mistake could cost you your only opportunity.

Final Thoughts

Knowing how long you must wait before applying for expungement in Indiana depends on your record, the type of conviction, and your completion of all sentencing requirements. While the law provides a second chance, navigating it without legal guidance can be overwhelming.

At Brinkley Law, we help clients across Indiana understand their eligibility and timing for expungement. Don’t risk your future by filing too soon or too late.

📞 Call Brinkley Law today or schedule a consultation online to find out when you qualify and how we can help clear your record.