Ultimate Guide to Indiana Expungement Eligibility in 2025

Ultimate Guide to Indiana Expungement Eligibility in 2025

If a criminal record is weighing you down, 2025 is a pivotal year to revisit Indiana’s relief options. Recent amendments - most notably Senate Bill 281 - tighten some rules while opening limited new doors. Here’s what you need to know. 

1. Core Eligibility Rules (Unchanged)

Indiana still allows most misdemeanors and many non-violent felonies to be sealed after a waiting period that begins once you complete your sentence, probation, and pay restitution:

Level of Offense	Wait Time*	Code Section
Arrests / charges dismissed	1 year	IC 35-38-9-1
Misdemeanors (and Class D/Level 6 felonies reduced to misdemeanors)	5 years	IC 35-38-9-2
Class D/Level 6 felonies (non-violent)	8 years	IC 35-38-9-3
Other non-violent felonies	8-10 years	IC 35-38-9-4

*Prosecutors may agree to shorter windows.

2. Offenses That Cannot Be Expunged

Indiana categorically bars relief for:

• Homicide, manslaughter, rape, child molestation, sexual battery, and a number of serious violent felonies.

• Human trafficking and sex-offender registry crimes.

• New for 2025: unlawful possession of a firearm by a serious violent felon and records of elected or appointed judicial officers convicted while in office.

3. What Changed in 2025?

SB 281 (2025) ushered in four key updates:

1. Juvenile Records Access - Courts must keep delinquency files available to law enforcement; automatic juvenile expungement is repealed, meaning minors now must petition the court.

2. Official Misconduct Clause – Petitions involving official-misconduct convictions may proceed only if the petitioner is not an elected official and the prosecutor consents.

3. CDL Safeguard - Certain motor-vehicle crimes for commercial drivers can no longer be sealed.

4. Digital Case Summaries – By July 1, 2025, the Office of Judicial Administration must launch an e-portal so courts can transmit expunged case summaries directly to Indiana State Police for quicker background-check updates.

4. Practical Tips to Strengthen Your Petition

• Gather paperwork early: sentencing orders, proof of completion, and restitution receipts.

• Clear all fines: outstanding fees can derail eligibility.

• Avoid new arrests: any pending charge pauses or kills your bid.

• Consult counsel: prosecutors can object, and new SB 281 nuances make DIY filings risky.

Bottom Line

Indiana still offers a powerful second-chance statute, but 2025’s tweaks narrow relief for violent, firearm, CDL-related, and official-misconduct cases while demanding more proactive petitions - especially for juveniles. A meticulous approach and knowledgeable attorney remain your best path to a clean slate.