How to Expunge Your Criminal Record in Indiana: A Step-by-Step Guide

A criminal record can follow you long after a case is resolved, affecting job opportunities, housing applications, and even professional licenses. The good news is that Indiana offers one of the most comprehensive expungement laws in the country, giving many people a second chance. If you’re wondering how to expunge your criminal record in Indiana, this step-by-step guide breaks down the process.

Step 1: Determine Your Eligibility

The first step is understanding whether your record qualifies for expungement. Indiana law allows many arrests, charges, and convictions to be expunged, but eligibility depends on factors such as: whether the case resulted in a conviction, the type and severity of the offense, how much time has passed since the case was resolved, and whether you have subsequent criminal convictions. 

Some records, such as arrests that did not lead to charges or cases that were dismissed, may be eligible after as little as one year. Convictions typically require longer waiting periods, ranging from five to ten years.

Step 2: Calculate the Waiting Period

Waiting periods are strictly enforced. Filing too early can result in denial, forcing you to start over. For example:

* Arrests or charges not resulting in conviction: usually 1 year.

* Misdemeanor convictions: generally 5 years.

* Felony convictions: often 8–10 years, depending on the offense.

During this time, you must remain conviction-free and comply with all court orders, including payment of fines and completion of probation.

Step 3: Gather Your Case Information

Before filing, collect accurate information for every case you want to expunge. This includes case numbers, dates, charges, and the courts involved. Errors or missing details can delay or jeopardize your petition.

Step 4: File a Petition for Expungement

Expungement in Indiana is not automatic. You must file a formal petition with the court where the case was handled. Each county may have slightly different filing procedures, and filing fees may apply. Prosecutors have the right to object, and in some cases, a hearing may be required.

Step 5: Attend a Hearing (If Required)

Not all expungement cases require a hearing, but if one is scheduled, it’s important to be prepared. The judge may consider factors such as rehabilitation, employment history, and community involvement when deciding whether to grant the petition.

Step 6: Ensure Records Are Updated

If the court grants your expungement, agencies such as law enforcement and background check companies must update or seal your record. This step is critical to ensuring your expungement actually works in practice.

Why Legal Help Matters

While Indiana’s expungement law is broad, the process can be complex and unforgiving of mistakes. A single error can result in delays or denial.

If you’re ready to clear your record and move forward with confidence, our office can help. Contact Brinkley Law today at 317-766-1379 for a confidential consultation to find out if you qualify for expungement and to get experienced guidance every step of the way.