Expunging a Criminal Record in Indiana (2026)
Reviewed by DocDraft Legal Team · Indiana · Last updated August 19, 2026
Indiana clears criminal records through its expungement statute, the Second Chance Law, found at Indiana Code 35-38-9. The law uses tiered waiting periods keyed to offense severity: one year for an arrest without conviction, five years for most misdemeanors, eight years for minor Class D and Level 6 felonies, and eight to ten years for more serious felonies, with some requiring the prosecutor's written consent. Indiana imposes a distinctive limit: with narrow exceptions you get one expungement petition in your lifetime, and every eligible conviction in a given county must be included in a single petition filed at once. Sex or violent offenders, homicide, human trafficking, and official misconduct can never be expunged. Petitions are filed in the sentencing county's circuit or superior court, and the Indiana State Police updates the state repository.
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What are you trying to clear?
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What record-clearing relief does Indiana offer and what is it called?
Indiana offers expungement under its Second Chance Law, Indiana Code 35-38-9. For misdemeanors and minor felonies the records are sealed from public view; for the lowest offenses the record can be fully expunged. It is unlawful for employers and licensing boards to discriminate against a person whose record was expunged.
What is eligible for expungement in Indiana and what is the waiting period?
Arrests without conviction can be expunged after one year. Most misdemeanors qualify after five years, minor Class D and Level 6 felonies after eight years, and more serious felonies after eight to ten years. The periods run from the date of conviction under Indiana Code 35-38-9-2 through 35-38-9-5.
Can you expunge or seal a felony in Indiana?
Yes, many felonies qualify. Minor Class D and Level 6 felonies are expunged after eight years and are mandatory if conditions are met. More serious felonies can be sealed after eight to ten years, but this is discretionary, and the most serious require the prosecuting attorney's written consent under Indiana Code 35-38-9-5.
Does Indiana have automatic 'clean slate' sealing?
No. Indiana has no automatic clean-slate or auto-sealing program. Expungement under the Second Chance Law is petition-only: you must affirmatively file a verified petition in the correct county court after the waiting period, meet every statutory condition, and pay or waive the filing fee. Nothing is cleared automatically in Indiana.
Indiana's Second Chance Law, Tiered Waiting Periods, and the One-Petition Rule
Indiana clears criminal records through the Second Chance Law at Indiana Code 35-38-9, a petition-only expungement statute with no automatic clean-slate track. Relief is tiered by offense severity. An arrest or charge that did not lead to conviction can be expunged after one year under Section 1. Most misdemeanors and Class D or Level 6 felonies reduced to misdemeanors qualify after five years under Section 2, and minor Class D and Level 6 felonies after eight years under Section 3; both are mandatory once the waiting period passes, no charges are pending, all fines and restitution are paid, and the person has had no new conviction in the prior five years. More serious felonies may be sealed after eight years (or three years after completing the sentence) under Section 4, and the most serious felonies after ten years (or five years after completion) under Section 5, both discretionary; Section 5 also requires the prosecuting attorney's written consent. Indiana's signature limit is that, with narrow exceptions, a person gets one expungement petition in a lifetime, and all eligible convictions from a single county must be combined into one petition filed at the same time under Section 9. Certain offenses can never be expunged: sex or violent offenders as defined in Indiana Code 11-8-8-5, homicide, human trafficking, sex crimes, and official misconduct. Petitions are filed in the circuit or superior court of the county of conviction, and the Indiana State Police updates the statewide criminal history repository once the court grants relief.
Relevant Laws
Indiana Second Chance Law (Indiana Code 35-38-9)
Indiana's expungement statute, known as the Second Chance Law, lets a person petition to seal or expunge arrests, misdemeanor convictions, and many felony convictions. It sets the tiered eligibility, waiting periods, filing procedure, and the effect of an expungement order.
Petition-Only Relief: No Automatic Clean Slate in Indiana
Indiana has no automatic clean-slate or auto-sealing law. All expungement is petition-only under Indiana Code 35-38-9-9, which requires a verified petition, generally limits a person to one expungement petition per lifetime, and requires every eligible conviction in a county to be filed in a single petition.
Waiting Periods and Eligibility by Offense (IC 35-38-9-2 to 35-38-9-5)
Sections 2 and 3 set mandatory expungement for misdemeanors after five years and minor Class D and Level 6 felonies after eight years. Sections 4 and 5 cover discretionary sealing of more serious felonies after eight to ten years, with Section 5 requiring the prosecuting attorney's written consent.
No General Federal Expungement of State Records
There is no general federal law to expunge an Indiana state conviction; record-clearing is set entirely by Indiana's Second Chance Law. Certain offenses are permanently excluded, including sex or violent offenders under Indiana Code 11-8-8-5, homicide, human trafficking, sex crimes, and official misconduct.
Regional Variances
Indiana Expungement Eligibility Table
Relief type and name
Expungement under the Second Chance Law, Indiana Code 35-38-9. For the lowest offenses the record is fully expunged; for misdemeanors and minor felonies it is sealed from public and most employer view while law enforcement and courts keep access. It is a petition-only statute with no automatic sealing.
Waiting period by offense class
One year for an arrest without conviction (Section 1); five years for most misdemeanors and Class D or Level 6 felonies reduced to misdemeanors (Section 2); eight years for minor Class D and Level 6 felonies (Section 3); eight years or three years after completing the sentence for more serious felonies (Section 4); and ten years or five years after completion for the most serious eligible felonies (Section 5). Periods run from the date of conviction.
Mandatory vs discretionary and prosecutor consent
Expungement under Sections 2 and 3 is mandatory once the waiting period passes, no charges are pending, all fines and restitution are paid, and there is no new conviction in the prior five years. Sections 4 and 5 are discretionary, and Section 5 additionally requires the prosecuting attorney's written consent.
One-petition lifetime rule
With narrow exceptions, a person may file only one expungement petition in a lifetime under Indiana Code 35-38-9-9, and all eligible convictions from a single county must be combined into one petition filed at the same time. File a separate petition in each county where you have convictions, and include everything eligible, because you generally cannot come back later.
Permanently excluded offenses
Sex or violent offenders as defined in Indiana Code 11-8-8-5, homicide offenses, human trafficking, sex crimes, and official misconduct can never be expunged. Felonies that resulted in serious bodily injury and cases with pending charges or unpaid fines and restitution are also ineligible until those conditions are resolved.
Clean-slate status
None. Indiana does not automatically seal or expunge any records. Unlike states with clean-slate laws, Indiana requires an affirmative, verified petition filed in the county circuit or superior court, and the Indiana State Police updates the statewide repository only after a court grants the order.
Suggested Compliance Checklist
Pull your complete Indiana criminal history
Before drafting any petition days after startingRequest your statewide record from the Indiana State Police and identify every arrest and conviction with its offense class and county. Because Indiana generally allows one expungement petition per lifetime and requires all convictions in a county to be filed together, an incomplete list can permanently cost you eligible relief under Indiana Code 35-38-9-9.
Confirm the waiting period and eligibility for each offense
Before filing days after startingVerify the waiting period has run under Indiana Code 35-38-9-2 through 35-38-9-5 (five years for misdemeanors, eight years for minor felonies, eight to ten years for serious felonies) and confirm no offense is a permanently excluded sex, violent, homicide, trafficking, or official-misconduct offense. Confirm no charges are pending and all fines and restitution are paid.
Prepare the verified petition for each county
After eligibility is confirmed days after startingDraft one verified petition per county listing all eligible convictions in that county, following the Indiana Office of Judicial Administration model forms. State that every statutory condition is met. Combining all eligible convictions in a county into a single petition is required to comply with the one-petition rule.
File in the correct court and serve the prosecutor
At filing days after startingFile in the circuit or superior court of the county of conviction, pay the civil filing fee or request an indigency waiver, and serve the prosecuting attorney, who has 30 days to respond and must consent in writing to expunge the most serious felonies under Indiana Code 35-38-9-5. Attend any hearing the court sets.
Confirm the record is updated with the state repository
After the order is granted days after startingObtain a certified copy of the expungement order and confirm the Indiana State Police and background-check databases have sealed or expunged the record. Keep the order to prove your rights if a background check still shows the offense. An attorney can help if a discretionary felony petition or prosecutor consent is contested.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Pull your complete Indiana criminal history | Request your statewide record from the Indiana State Police and identify every arrest and conviction with its offense class and county. Because Indiana generally allows one expungement petition per lifetime and requires all convictions in a county to be filed together, an incomplete list can permanently cost you eligible relief under Indiana Code 35-38-9-9. | - | Before drafting any petition |
| Confirm the waiting period and eligibility for each offense | Verify the waiting period has run under Indiana Code 35-38-9-2 through 35-38-9-5 (five years for misdemeanors, eight years for minor felonies, eight to ten years for serious felonies) and confirm no offense is a permanently excluded sex, violent, homicide, trafficking, or official-misconduct offense. Confirm no charges are pending and all fines and restitution are paid. | - | Before filing |
| Prepare the verified petition for each county | Draft one verified petition per county listing all eligible convictions in that county, following the Indiana Office of Judicial Administration model forms. State that every statutory condition is met. Combining all eligible convictions in a county into a single petition is required to comply with the one-petition rule. | - | After eligibility is confirmed |
| File in the correct court and serve the prosecutor | File in the circuit or superior court of the county of conviction, pay the civil filing fee or request an indigency waiver, and serve the prosecuting attorney, who has 30 days to respond and must consent in writing to expunge the most serious felonies under Indiana Code 35-38-9-5. Attend any hearing the court sets. | - | At filing |
| Confirm the record is updated with the state repository | Obtain a certified copy of the expungement order and confirm the Indiana State Police and background-check databases have sealed or expunged the record. Keep the order to prove your rights if a background check still shows the offense. An attorney can help if a discretionary felony petition or prosecutor consent is contested. | - | After the order is granted |
Frequently Asked Questions
Indiana charges the standard civil filing fee, generally around $150, for a misdemeanor or felony expungement petition, though the exact amount varies by county. Expunging an arrest that did not lead to conviction has no filing fee. If you cannot afford the fee, the court may waive it on a showing of indigency under Indiana Code 35-38-9-9.
Timing varies by county and court. The prosecuting attorney has 30 days to respond to a petition in Indiana, and mandatory misdemeanor and minor-felony petitions can be granted without a hearing once that period passes. Discretionary felony petitions, which may require a hearing and the prosecutor's consent, generally take longer, often several months from filing to order.
Sometimes. Indiana expungement of misdemeanors and minor felonies seals the record from public and most employer view, but law enforcement, prosecutors, and courts retain access, and the record can be used in a later prosecution. Certain licensing and firearms-related uses may also remain. Expungement in Indiana is not always a complete destruction of the record.
Generally yes. Under Indiana Code 35-38-9-10, a person whose conviction is expunged may legally state on most job applications that they have not been convicted of that offense, and employers and licensing agencies may not discriminate based on an expunged record. Narrow exceptions apply, such as certain law-enforcement and public-safety positions.
It can, but not automatically for every case. Expungement of a qualifying Indiana conviction can remove the state disability that resulted from that conviction, but a separate federal firearms bar or a domestic-violence conviction may still apply, and some offenses are never eligible for expungement at all. Because gun-rights restoration is fact-specific, an attorney can help evaluate your situation.
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