Indiana Expungement Guide: How to Clear Your Criminal Record Under the “Second Chance Law”

A past arrest or conviction can show up on background checks for years, affecting jobs, housing, professional licenses, and even school opportunities. The good news is that Indiana has a powerful set of laws, often called the Indiana Second Chance Law, that allows many people to expunge certain criminal records.

What is expungement in Indiana?

In Indiana, expungement generally means the court orders records to be sealed or restricted from public access. It can apply to non-conviction records (like dismissed cases) and many convictions, depending on the offense and your history.

Expungement is not the same as “erasing” history entirely. Certain entities, like law enforcement and some licensing bodies, may still have limited access in specific situations.

Indiana expungement waiting periods (common timelines)

Waiting periods vary by record type, and Indiana also looks at whether you’ve had new convictions. Here are common examples used across Indiana expungement resources:

• Arrests or charges that were dismissed: often 1 year (depending on circumstances)

• Misdemeanors (and some reduced felonies treated as misdemeanors): commonly 5 years

• Level 6 / Class D felonies (many non-violent): commonly 8 years

• More serious felonies: can range up to 10 years (with additional timing rules in some cases)

There can also be an option to file earlier with written prosecutorial permission in some situations.

Where do you file an expungement in Indiana?

A petition to expunge conviction records is filed in the circuit or superior court in the county of conviction. If you have cases in multiple counties, you may need filings in each county (and timing rules can matter).

The “one shot” rule: why strategy matters

Indiana expungement is often described as a one-time opportunity for convictions, meaning it’s critical to include everything eligible and file correctly.

What can prevent expungement?

Common issues include:

• Not enough time has passed (waiting period not met)

• Pending criminal charges

• Unpaid fees, costs, or restitution in many cases

• Certain offenses that are legally ineligible

  
  

How an Indiana expungement lawyer can help

Because expungement is procedural and deadline-driven, a lawyer can help you:

• Confirm eligibility and calculate waiting periods

• Gather case records and draft petitions accurately

• File in the correct counties and meet service requirements

• Handle prosecutor objections and court hearings (if required)

  
  

If you’re ready to pursue expungement in Indiana (including Indianapolis expungement filings in Marion County and surrounding counties), contact Brinkley Law at 317-766-1379 to review your record and map out the cleanest path forward.

This blog is for general information and not legal advice.