How Much Does an Expungement Cost in Indiana?

The cost of an expungement in Indiana depends on what is being expunged. There is no court filing fee to expunge an arrest, charge, or case that did not end in a conviction. To expunge a conviction, you pay the civil filing fee in each county where you file, which is currently $157 in most cases, unless the court reduces or waives it because you cannot afford it. You may also have smaller costs for records, and you must have paid any fines, fees, court costs, and restitution from the case before a conviction can be expunged.

Key points

• Expunging records that did not result in a conviction has no filing fee.

• A conviction expungement petition requires the civil filing fee, currently $157, in each county where you file.

• You generally file one petition per county that covers all of your convictions in that county.

• A court may reduce or waive the filing fee if you are indigent.

• Unpaid fines, fees, court costs, or restitution from the case must be resolved before a conviction can be expunged.

Is there a fee to expunge an arrest or dismissed charge?

No. Indiana does not charge a filing fee for a petition to expunge records of an arrest, criminal charge, or juvenile delinquency allegation that did not result in a conviction or adjudication (IC 35-38-9-1).

In many cases, you may not need to file at all. Under a law that took effect July 1, 2022, courts automatically expunge records when a case is dismissed, the person is acquitted, or a conviction is vacated. The expungement takes effect no earlier than 60 days after the dismissal, acquittal, or vacatur, and the prosecutor may ask the court to delay it for up to one year. If you were arrested but never charged, you generally must file a petition after one year, and there is still no filing fee.

Learn more in our article on automatic expungement in Indiana.

How much does it cost to expunge a conviction?

A petition to expunge a conviction requires the same filing fee as a civil case (IC 35-38-9-8). Under the fee schedule published by Indiana's Office of Judicial Administration, that total is currently $157, which includes the $100 civil filing fee plus several required add-on fees. Fees can change, so check with the clerk before you file.

The fee applies to each petition, not to each conviction. Indiana generally requires you to include all of your convictions from one county in a single petition and to file a separate petition in each county where you have a conviction. Petitions in different counties count as your one lifetime expungement only if they are all filed within 365 days (IC 35-38-9-9). So if you have convictions in two counties, you will usually pay the filing fee twice.

Indiana's expungement law generally allows a person to petition for conviction expungement only once in a lifetime, so it is important to include everything that is eligible. See our article on Indiana's one-time expungement rule.

Can the filing fee be waived?

Yes, in some cases. A court may reduce or waive the filing fee if the person filing is indigent (IC 35-38-9-8). To ask for a waiver, you file a request with your petition explaining your income, expenses, and why you cannot pay. The court decides whether to grant it.

Do I have to pay my old fines and court costs first?

Generally, yes. To expunge a conviction, you must show that you have paid all fines, fees, and court costs and satisfied any restitution order from that case.

If you still owe money on an old case and cannot pay, you can ask the sentencing court about your balance and whether it can be reduced or waived. A court is not required to do so. Resolving any balance is often the first step toward a conviction expungement.

What other costs can come up?

Some smaller costs may apply, depending on your case and what records you need:

• Certified court records, if you need copies of a judgment or sentencing order. Clerks may charge per page plus a certification fee.

• Your criminal history, which you can request from the Indiana State Police for a fee.

• A certified driving record from the BMV, if your case involved driving.

• Service of the petition. A person filing to expunge a conviction must serve a copy on the prosecutor. Service by certified mail or through the sheriff may involve a small cost.

Does a lawyer cost extra?

Many people file on their own using forms available through Indiana's court system. Others hire a lawyer to review eligibility, collect records from each county, prepare petitions, and appear at any hearing. Legal fees vary by lawyer and by the number of counties and cases involved, so ask any lawyer you speak with how their fees work.

How long does an expungement take?

Timing depends on the court, the prosecutor's response, and whether a hearing is needed. Our article on how long expungement takes in Indiana explains the process.

Frequently asked questions

Can I get my record expunged for free in Indiana?

Records of an arrest or charge that did not end in a conviction can be expunged without a filing fee, and many are expunged automatically. For conviction records, a court may waive the filing fee if you are indigent, but you must still have paid the fines, costs, and restitution from the case.

Is the expungement fee charged per conviction?

No. It is charged per petition. Because you generally file one petition per county, you usually pay one filing fee for each county where you have convictions.

Can an OWI be expunged, and does it cost more?

An OWI conviction is expunged under the same process and fee rules as other eligible convictions. See can you expunge a DUI in Indiana.

Do I have to pay to seal records that were automatically expunged?

No. Automatic expungement after a dismissal, acquittal, or vacatur does not require a petition or a filing fee.

Questions about clearing your record?

If you want help understanding your eligibility and costs, you can schedule a consultation with Brinkley Law or learn more about our expungement practice.

Brinkley Law, 8888 Keystone Crossing, Suite 1300, Indianapolis, Indiana 46240.

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