Indiana Expungement Requirements: Are You Eligible?

4 days ago

6 min read

Whether you are eligible for an expungement in Indiana depends on five things: what you were convicted of, how long ago, whether you have paid everything you owe on the case, whether you have stayed out of trouble, and whether anything in your broader record disqualifies you. Indiana Code 35-38-9 sets a specific test for each category of record. This checklist walks through the requirements the court must find before it can clear your record, and the questions you should answer before deciding how to use your one lifetime petition.

Key points

Arrests and dismissed charges: eligible one year after the arrest or charge, no filing fee, no lifetime limit.
Misdemeanors: five years after conviction; the court must grant a qualifying petition.
Level 6 or Class D felonies: eight years after conviction; must grant, unless the felony caused bodily injury.
Other felonies: eight to ten years after conviction (or three to five years after the sentence ends, if later); the judge has discretion, and the most serious require the prosecutor's written consent.
For every conviction: no pending charges, all fines, fees, costs, and restitution paid, and no new convictions during the look-back period.

Requirement 1: Your record is the right type

Indiana sorts records into five groups, each with its own statute section:

Arrests and charges that did not result in a conviction (IC 35-38-9-1), including dismissals, acquittals, and vacated convictions.
Misdemeanors (IC 35-38-9-2), including a Class D or Level 6 felony that was reduced to a misdemeanor.
Class D and Level 6 felonies (IC 35-38-9-3) that did not result in bodily injury.
Other less serious felonies (IC 35-38-9-4), generally those that did not cause serious bodily injury or death.
Serious felonies (IC 35-38-9-5), including felonies that caused serious bodily injury, which require the prosecutor's written consent.

Some records do not fit anywhere. Homicide, human trafficking, and sex offenses are excluded, as are felonies causing death, two or more unrelated deadly-weapon felonies, and any conviction of a person classified as a sex or violent offender. Our article on what crimes cannot be expunged in Indiana covers the exclusions in detail.

Requirement 2: The waiting period has run

Each section has its own clock, and each clock starts on a specific date:

Arrests and dismissed charges: one year after the arrest, charge, or juvenile allegation, whichever is later. Many of these records are expunged automatically for cases filed after June 30, 2022, but confirming that it happened is worth doing.
Misdemeanors: five years after the date of conviction.
Level 6 and Class D felonies: eight years after the date of conviction.
Other less serious felonies: the later of eight years after conviction or three years after completing the sentence.
Serious felonies: the later of ten years after conviction or five years after completing the sentence.

The prosecutor can consent in writing to an earlier filing in every conviction category. Our article on early expungement in Indiana explains when that is realistic.

Requirement 3: No pending charges

Every conviction section requires the court to find that no charges are pending against you. This applies to any pending case, anywhere, not just cases related to the conviction you want expunged. You must also affirm in the petition that no criminal investigation or charges are pending.

Requirement 4: Everything on the case is paid

You must have paid all fines, fees, and court costs and satisfied any restitution ordered as part of the sentence. Old balances are common and are not always obvious from a background report. Checking with the clerk in each county before filing is essential, because an unpaid balance will defeat that part of the petition.

Requirement 5: No new convictions during the look-back period

The court must find you have not been convicted of a crime within the previous five years for a misdemeanor petition, eight years for felonies under sections 3 and 4, and ten years for serious felonies. A new conviction during that window, even a minor one, restarts the clock. If the prosecutor consented to a shorter waiting period, the look-back is shortened to match.

Requirement 6: The petition is complete and filed in the right place

Conviction petitions must be filed in a circuit or superior court in the county of conviction, and all convictions from the same county must be consolidated in one verified petition. Convictions in different counties require separate petitions, which count as a single lifetime petition only if they are filed within one 365-day period. The petition must include every element listed in IC 35-38-9-8, and the court may summarily deny a petition that falls short. Our article on filing your own expungement in Indiana describes what the paperwork requires.

Requirement 7: For some felonies, the judge agrees

For misdemeanors and Level 6 felonies, the statute says the court shall grant a petition that meets the requirements. For felonies under sections 4 and 5, the court may grant it, and for section 5 the prosecutor must also consent in writing. In those cases, eligibility is necessary but not sufficient; the presentation of your circumstances to the court matters.

A self-check before you file

Before anyone files a petition, you should be able to answer each of these:

What is the exact offense of conviction and its level, for every case, in every county?
What is the conviction date for each case, and when did any sentence end?
Is every fine, fee, cost, and restitution balance paid, and can you prove it?
Have you had any conviction, anywhere, during the look-back period? Any pending charge?
Are there collateral actions, such as forfeitures or specialized driving privileges cases, tied to the convictions?
Does any conviction in your history make you a sex or violent offender, or count as a deadly-weapon felony?
Have you ever filed an expungement petition before?

If any answer is uncertain, the petition is not ready. Because conviction petitions filed in a 365-day window count as your one lifetime petition, an uncertain answer is a reason to pause, not to guess.

Frequently asked questions

Can I get my record expunged for free in Indiana?

Petitions to expunge arrests and charges that did not result in a conviction have no filing fee. Conviction petitions require the standard civil filing fee, currently in the range of about $160 per county, which the court can reduce or waive if you are indigent. Our article on the cost of an Indiana expungement covers the full picture.

Does probation or a suspended sentence change the waiting period?

For misdemeanors and Level 6 felonies, the period runs from the conviction date regardless of probation. For higher felonies, the period is the later of the years from conviction or the years from completion of the sentence, so a long sentence or probation term can extend eligibility.

Do I have to go to court?

If the prosecutor does not object within 30 days of being served, the court may grant the petition without a hearing. If the prosecutor objects, a hearing is set. Our article on Indiana expungement hearings explains what to expect.

What happens to my record after expungement?

Misdemeanor and Level 6 felony records are sealed from public view. Higher felony records remain public but are marked as expunged. In either case, Indiana law makes it unlawful discrimination to deny employment, admission, or a license because of an expunged record, and your civil rights, including the right to vote, hold office, and serve on a jury, are restored. Our article on whether employers see expunged records has more.

How Brinkley Law can help

Brinkley Law begins every expungement matter with an eligibility review of your complete Indiana record: every case, every county, every balance, and every date. We tell you which records qualify now, which will qualify later, and which cannot be expunged, and we plan the filings so that your one lifetime petition covers everything it should.

Start with a free eligibility check

Not sure whether you meet every requirement? 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.