How to File an Indiana Expungement Petition
To expunge a conviction in Indiana, you file a verified petition for expungement in the county where you were convicted. The petition must list every conviction in that county, your personal information, and statements that you meet the waiting period and have no pending charges (IC 35-38-9-8). You then serve a copy on the prosecutor, who has 30 days to respond. If the prosecutor does not object, the court may grant the petition without a hearing. Because Indiana generally allows only one expungement petition in a lifetime, leaving something out can be costly.
Key points
A conviction expungement starts with a verified petition filed in each county where you have a conviction.
The petition must include specific information listed in IC 35-38-9-8, including all convictions in that county.
You must serve the prosecutor, who has 30 days to reply.
If the prosecutor objects, the court sets a hearing at least 60 days after service.
A conviction left out of the petition generally cannot be added later, except in limited circumstances.
What must an Indiana expungement petition include?
Under IC 35-38-9-8(b), a verified petition to expunge conviction records must include:
your full legal name and any other names or aliases you have used;
your date of birth;
your addresses from the date of the offense to the date of the petition;
the case or cause number, if available;
a statement that no criminal investigation or charges are pending against you;
a statement that you have not been convicted of a new felony or misdemeanor within the required period;
a list of all your convictions and related collateral actions, with cause numbers if known, conviction dates, and any appeal information;
your Social Security number, driver's license number, the date of arrest if applicable, and the date of conviction;
a statement that the required waiting period has passed, or the prosecutor's written consent to a shorter period;
a description of any other petition you have filed under the expungement chapter; and
for certain serious felonies, the prosecutor's written consent.
You may also include other information that may help the court decide.
Records of an arrest or charge that did not end in a conviction follow a different, simpler process, and many are now expunged automatically.
Where do you file?
You file in the court in the county where the conviction was entered. All convictions from the same county must be included in one petition. If you have convictions in more than one county, you file a separate petition in each county. Petitions in different counties count as your one lifetime petition only if they are all filed within 365 days (IC 35-38-9-9).
Our article on Indiana's one-time expungement rule explains why it matters to include everything.
Are there official forms?
Yes. Indiana Legal Help, the state's legal self-help website, offers free expungement forms and step-by-step instructions, including petition packets for conviction and non-conviction records. Courts and clerks also accept petitions prepared by attorneys. Whatever you use, review it carefully against the statute's requirements.
What does it cost?
Filing a conviction petition requires the civil filing fee, and the court may reduce or waive the fee if you are indigent (IC 35-38-9-8(d)). For details, see how much an expungement costs in Indiana.
What happens after you file?
Serve the prosecutor. You must serve a copy of the petition on the prosecuting attorney under the Indiana Rules of Trial Procedure (IC 35-38-9-8(e)).
The prosecutor responds. The prosecutor has 30 days after receiving the petition to reply. If the prosecutor does not reply in time, any objection is waived (IC 35-38-9-8(g)).
Victim notice. In many cases, the prosecutor must notify any victim of their rights, and a victim may submit a statement.
No objection. The court may grant the petition without a hearing (IC 35-38-9-9).
Objection. If the prosecutor objects, the court sets a hearing no sooner than 60 days after the petition was served. You must prove the facts in your petition by a preponderance of the evidence.
The court may also deny a petition without a hearing if it does not include the required information or shows you are not eligible.
What if the petition is denied?
A grant or denial is a final, appealable order. You may also be able to refile for convictions that were not expunged. If the denial was based on the court's discretion for certain offenses, you generally must wait three years to refile. A refiled petition generally cannot add convictions that were left out of the first one, unless the court finds you acted in good faith, the omission was due to excusable neglect or circumstances beyond your control, and allowing it serves the interests of justice (IC 35-38-9-9).
Common mistakes to avoid
Leaving out a conviction, including old or out-of-county convictions.
Filing before the waiting period ends. See how long you have to wait before applying for expungement.
Unpaid fines, fees, costs, or restitution from the case.
Missing addresses or aliases required by the statute.
Filing petitions in different counties more than 365 days apart.
Frequently asked questions
Can I file an expungement petition myself in Indiana?
Yes. Indiana Legal Help provides free forms and instructions. Many people also work with a lawyer to confirm eligibility and gather records.
Do I need a hearing for an expungement?
Not always. If the prosecutor does not object, the court may grant the petition without a hearing.
How long does the prosecutor have to object?
The prosecutor must reply within 30 days after receiving the petition.
What happens if I forget to list a conviction?
A conviction left out of your petition generally cannot be added later, except in limited circumstances.
Questions about filing your expungement petition?
If you want help preparing and filing an Indiana expungement petition, 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.
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