What Crimes Cannot Be Expunged in Indiana?

4 days ago

6 min read

Most Indiana arrests, misdemeanors, and many felonies can be expunged under Indiana Code 35-38-9, often called the Second Chance Law. But the statute draws firm lines. Some convictions can never be expunged, some can be expunged only with the prosecutor's written consent, and some are left to the judge's discretion. Because Indiana generally gives you one lifetime petition for convictions, knowing which category your record falls into before you file matters more than almost anything else.

Key points

Homicide offenses, human trafficking, and sex offenses are excluded from conviction expungement at every level.
A person classified as a sex or violent offender cannot expunge any conviction, including unrelated misdemeanors.
Felonies that caused death are excluded. Felonies that caused serious bodily injury can be expunged only with the prosecutor's written consent.
Two or more unrelated felonies involving the unlawful use of a deadly weapon bar expungement.
Since July 1, 2025, unlawful possession of a firearm by a serious violent felon is also excluded from the felony expungement sections.
Exclusions are judged on your entire criminal history, not just the case you want cleared.

How Indiana sorts convictions into expungement categories

Indiana does not have one expungement rule. The statute has separate sections for arrests without a conviction (IC 35-38-9-1), misdemeanors (IC 35-38-9-2), Class D and Level 6 felonies (IC 35-38-9-3), other less serious felonies (IC 35-38-9-4), and serious felonies (IC 35-38-9-5). Each section has its own waiting period, its own list of excluded offenses, and its own answer to whether the judge must grant the petition or merely may grant it.

That structure is why two people with what sounds like the same conviction can get very different answers. A Level 6 felony that caused bodily injury, for example, cannot be expunged under the Level 6 section at all. It may still qualify under the next section, but with a longer wait and a judge who has discretion to say no.

Convictions that can never be expunged

Across the conviction sections, Indiana law excludes:

Homicide offenses under IC 35-42-1, including attempted murder.
Human trafficking offenses under IC 35-42-3.5, including attempts.
Sex offenses under IC 35-42-4, including attempts.
Any conviction belonging to a sex or violent offender as defined in IC 11-8-8-5. This exclusion follows the person, so a registrant cannot expunge even a minor, unrelated misdemeanor.
Two or more felonies involving the unlawful use of a deadly weapon that were not part of the same episode of criminal conduct.
A felony that resulted in the death of another person.
Unlawful possession of a firearm by a serious violent felon (IC 35-47-4-5), an exclusion the General Assembly added effective July 1, 2025.
Official misconduct committed by an elected official or an elected or appointed judicial officer while in office or as a candidate. Perjury and official misconduct by other people are excluded from the Level 6 felony section and fall under the discretionary or prosecutor-consent sections instead.

If a conviction falls into one of these groups, filing a petition for it will not succeed, and if the excluded conviction is part of your history, it can also affect whether other convictions qualify.

Convictions that need the prosecutor's written consent

Some felonies are not excluded outright but can be expunged only under IC 35-38-9-5, which requires the prosecuting attorney's written consent. This group includes felonies that resulted in serious bodily injury to another person, official misconduct by someone who was not an elected official, and other felonies that do not fit the lower sections. The waiting period is the later of ten years from the conviction or five years from the completion of the sentence. Even when every other requirement is met, the judge may grant or deny the petition.

Securing a prosecutor's consent is a negotiation, not a form. It usually involves presenting your history since the conviction, your employment and community ties, and the reasons the state's interests are served by relief. This is one of the places where having an attorney who regularly deals with Indiana prosecutors can change the outcome.

Convictions where the judge has discretion

For misdemeanors and Class D or Level 6 felonies, the statute says the court shall order expungement once the requirements are proved. For other felonies under IC 35-38-9-4 and IC 35-38-9-5, the statute says the court may order the records marked as expunged. The difference is significant. A discretionary denial is appealable, but the statute also says that if a petition is denied under the court's discretion in those sections, you cannot refile for three years.

Why your whole record matters

Indiana courts look at your entire criminal history when deciding whether an exclusion applies. A deadly-weapon felony from twenty years ago can still count toward the two-felony bar. A pending charge anywhere stops a petition. Unpaid fines, fees, costs, or restitution on any case you are trying to expunge will defeat that part of the petition. A conviction that was expunged earlier, by contrast, generally cannot be used against you in a later petition.

This is also where do-it-yourself petitions most often go wrong. People file for the conviction they remember and leave out an old case in another county, a conviction that was reduced to a misdemeanor, or a collateral matter such as a forfeiture or specialized driving privileges case. Because Indiana treats all your conviction petitions as one lifetime filing when they are submitted within 365 days of each other, a case that is left out may be very difficult to add later. Our article on Indiana's one-time expungement rule explains the lifetime limit in more detail.

What if my conviction is excluded?

An excluded conviction does not always mean the end of the road. Depending on the facts, options may include:

confirming the exact statute of conviction, since the exclusions are tied to specific code sections and the charge on a background report is sometimes wrong;
determining whether a felony was later reduced to a misdemeanor, which can change the section that applies;
expunging arrests and dismissed charges, which are not subject to the conviction exclusions or the one-petition rule;
seeking the prosecutor's written consent where the statute allows it; or
exploring other forms of relief, which an attorney can evaluate with you.

Frequently asked questions

Can a violent felony be expunged in Indiana?

It depends on what the statute means by violent. A felony that caused serious bodily injury can be expunged only with the prosecutor's written consent after the longer waiting period. A felony that caused death cannot be expunged. A person who is classified as a sex or violent offender cannot expunge any conviction.

Can a domestic violence conviction be expunged?

A domestic battery misdemeanor is generally eligible under the misdemeanor section if the other requirements are met. However, the statute states that expunging a crime of domestic violence does not restore the right to possess a firearm, which requires a separate process under IC 35-47-4-7. Our article on gun rights after an Indiana expungement covers this issue.

Can a felony be expunged after 10 years in Indiana?

Ten years is the waiting period for the most serious eligible felonies under IC 35-38-9-5, measured from the conviction, or five years from the completion of the sentence if that is later. Time alone does not make a conviction eligible; the offense must not be excluded, all fees and restitution must be paid, and the prosecutor must consent in writing.

Does an excluded conviction block my other convictions?

Sometimes. If the excluded conviction makes you a sex or violent offender, or counts toward the two deadly-weapon felonies, it bars expungement of your other convictions as well. In other situations, the excluded conviction stays on your record while eligible convictions can still be expunged. A careful review of your full history is the only way to know.

How Brinkley Law can help

Before anyone files, Brinkley Law pulls and reviews your complete Indiana criminal history, identifies every conviction, arrest, and collateral action, and maps each one to the correct section of the statute. We tell you plainly which records qualify, which require the prosecutor's consent, and which cannot be expunged, so you can make an informed decision about using your one lifetime petition.

Start with a free eligibility check

If you are not sure whether your record is eligible, find out before you file. 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.