Expungements in Depth

Indiana Expungements Under Indiana Code 35-38-9 (The “Second Chance” Law)

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Overview of Indiana’s Expungement Law (IC 35-38-9)

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Indiana’s expungement law, often called the “Second Chance Law,” provides a legal pathway to seal or expunge certain criminal records. Enacted in 2013 and amended frequently since, Indiana Code 35-38-9 allows eligible individuals to clear arrests or convictions from public view under specific conditions. Importantly, Indiana no longer deletes or destroys records; instead, it seals them (making them inaccessible to the public) or marks them as expunged. This means expunged records still exist but are hidden or labeled, rather than erased entirely.

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Purpose: The expungement statute is remedial - it’s designed to give rehabilitated people a fresh start. Indiana courts have stated that the law should be liberally construed to advance its remedial purpose. In other words, if you qualify, the system generally leans toward granting expungement.

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Terminology: Under IC 35-38-9, “expunge” essentially means to seal or segregate records from public access. Once expunged, you are legally treated (with a few exceptions) as if the offense never occurred. However, the effect of an expungement can differ depending on the type of record and which section of the law applies (as explained below).

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Types of Expungements (Sections 1-5 of I.C. 35-38-9)

Indiana’s expungement law covers different categories of records in Sections 1 through 5 of the statute, each with its own rules for eligibility and effect. Below is a breakdown of these categories:

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1. Expungement of Arrests/Charges Not Leading to Conviction (Section 1)

What it covers: Arrests, criminal charges, or juvenile delinquency allegations that did not result in a conviction or juvenile adjudication can be expunged under Section 1. This includes situations like charges that were dropped or dismissed, cases in which you were acquitted (found not guilty), or juvenile cases not resulting in a finding of delinquency.

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Eligibility & Waiting Period: Traditionally, you had to wait one year after the date of arrest or charge disposition to petition for expungement of these records. However, a recent change in the law now provides for automatic expungement in many of these cases:

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• Automatic Expungement for Dismissals/Acquittals: For criminal charges filed after June 30, 2022 that end in dismissal or not-guilty, the records are to be automatically expunged 60 days after the case ends (no petition needed). The previous one-year waiting period was eliminated for these cases, unless a prosecutor shows good cause to delay the expungement.
   

• Arrests with No Charges Filed: If you were simply arrested and no charges were filed, the law currently requires waiting at least 1 year from the arrest date and then petitioning the court (A 2022 law briefly allowed automatic expungement 180 days after such arrests, but a 2023 amendment reinstated the one-year wait and petition requirement for arrests that don’t result in charges.)
   

Process: For cases requiring a petition (e.g. older cases or no-charge arrests), you file in the county where the arrest or charges occurred. There is no filing fee for expunging records that did not lead to conviction. The court is generally required to grant the petition if you meet the criteria (since there’s no conviction, expungement is usually mandatory absent disqualifying factors).

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Effect: Once expunged under Section 1, the records are permanently sealed or redacted. To any public inquiry, it will be as if the arrest or charge never happened - the clerk’s office will respond that no information is available for that case. These records are removed from public databases and even state police repositories; only internal law enforcement records (non-public) may retain info for their use.

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2. Expungement of Misdemeanor Convictions and Reduced Felonies (Section 2)

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What it covers: Most misdemeanor convictions (including Class D or Level 6 felonies that were reduced to misdemeanors) are covered by Section 2. This is often the route to clear a minor criminal conviction from your record.

 

Eligibility & Waiting Period: You must wait at least 5 years from the date of conviction to file a Section 2 expungement petition. During that waiting period, you must not have any new convictions. (If you have remained conviction-free for a shorter time, you can ask the prosecutor to consent in writing to filing early; with prosecutor’s agreement the 5-year wait can be shortened.) Additionally, you must have paid all fines, fees, court costs, and restitution from that case before expungement will be granted.

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Certain individuals are not eligible under Section 2 despite meeting the time requirement. Specifically:

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• If you have two or more felony convictions involving the use of a deadly weapon on your record (from separate incidents), you cannot expunge under Section 2.
   

• Registered sex or violent offenders are excluded from expungement of those offenses (sex/violent offenses generally cannot be expunged; see Section 5 for more on serious crimes).
   

Process: The petition must be filed in the county of conviction, in a circuit or superior court. You should include all relevant details (case number, date of conviction, etc.) and a verified statement that you meet the criteria (no new charges, waited 5 years, obligations paid, etc.). There is a civil filing fee (around $162.00, similar to filing a new civil case) unless the court waives it for indigency. The prosecutor is given a chance to review and object (more on the procedure in a later section). If all requirements are met, the court shall grant the expungement - meaning it’s mandatory by law for misdemeanors once eligibility is proven.

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Effect: Upon granting, the misdemeanor conviction records are sealed in accordance with Section 6 of the law. In practical terms, this means all records in the court files, Department of Correction, Bureau of Motor Vehicles, and other agencies pertaining to that conviction are permanently sealed. These records no longer appear on background checks for the general public. Even court clerks, if asked, will state no record exists for that case number. Law enforcement agencies can still see sealed Section 2 expungements for limited purposes (e.g. a police officer in the line of duty), but otherwise the information is treated as confidential.

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Importantly, once a misdemeanor is expunged, you can legally answer “no” if asked whether you have been convicted of a crime, as long as the question is phrased to exclude expunged records. (For example, job applications in Indiana are supposed to ask, “Have you ever been convicted of a crime that has not been expunged?”.)

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3. Expungement of Low-Level Felony Convictions (Section 3)

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What it covers: Section 3 generally covers Class D felonies or Level 6 felonies (the lowest level of felony in Indiana) that were not reduced to misdemeanors. It allows expungement of these lower-level felony convictions, which often include non-violent or less serious felonies.

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Eligibility & Waiting Period: You must wait at least 8 years from the date of conviction to petition, and you must have no new convictions in the previous 8 years. Like with misdemeanors, a prosecutor can consent to a shorter waiting period than 8 years if they agree in writing. All terms of the sentence (incarceration, probation, fees, restitution, etc.) should be completed, and any fines or costs paid, before you apply. Section 3 also has similar exclusions as Section 2 - for example, if you have multiple serious felonies involving a deadly weapon, you may be ineligible (the law bars expungement for anyone previously convicted of two or more unrelated felonies involving a deadly weapon).

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Process: The petition process is the same - file in the court of conviction, after the waiting period. Filing fees for conviction expungements apply here as well. If you meet the criteria (8 years elapsed or prosecutor consents to early filing, no pending charges, no recent convictions, and obligations paid), the court must grant the expungement (Section 3 is a mandatory expungement section, like Section 2). The prosecutor can object only on certain grounds (like claiming you don’t meet the requirements); if you meet all statutory conditions, the judge “shall” order expungement.

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Effect: Upon expungement, Class D/Level 6 felony records are permanently sealed just like misdemeanor records. Section 6 of the statute provides that expunged records under Sections 2 and 3 are sealed from public view, with only very limited exceptions for access (law enforcement officers on duty, or by court order to certain parties). To the public and most employers, the record will no longer be visible. You can truthfully state you have no convictions (other than those not expunged) in most situations, and discrimination based on the expunged felony is unlawful (more on that below).

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Special Note: If a Level 6 felony was alternatively reduced to a misdemeanor after completion of sentence (under IC 35-38-1-1.5), it would fall under Section 2’s 5-year rule. The law clarifies that the waiting period for an expungement runs from the date of the original conviction, even if later reduced to a misdemeanor. So you don’t get “penalized” for a post-conviction reduction - you count time from when you were first convicted.

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4. Expungement of Moderate-Level Felony Convictions (Section 4)

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What it covers: Section 4 covers expungement of felonies higher than Level 6, except those classified as the most serious (those go in Section 5). This typically includes Level 5, Level 4, Level 3 felonies (or their pre-2014 equivalents of Class C or Class B felonies) that are eligible. However, certain categories of serious crimes are explicitly excluded or treated under Section 5 - see below for ineligible offenses. Section 4 generally deals with felonies that did not involve serious bodily injury and were not committed in an official public office capacity, among other limitations.

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Eligibility & Waiting Period: You may petition for Section 4 expungement after 8 years from the conviction date, or 3 years after completion of your sentence - whichever is later. In other words, you must wait at least 8 years since conviction and also at least 3 years after finishing any jail/prison time, probation, and parole. Additionally, you must have no convictions in the prior 8 years (clean record for 8 years). As with other sections, the prosecutor can consent to file earlier than these waiting periods if they agree in writing.

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All fines, fees, and restitution must be paid, and you cannot have any pending charges. Also, if you have a pending or existing driver’s license suspension (from that case or otherwise), that might affect expungement - notably, expungement does not lift a separate driver’s license suspension (those run their own course).

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Notable Restrictions: The law excludes certain serious felonies entirely from expungement eligibility. Sexual offenses, violent offenses, and official misconduct are not expungeable under Sections 4 or 5. For example, crimes like murder, rape, child molestation, human trafficking, and other severe offenses resulting in serious bodily injury or involving official corruption are generally not eligible for expungement. (The statute specifically lists these exceptions in IC 35-38-9-5(b), and they would be handled under Section 5 if they were eligible, but most are outright barred from expungement.)

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Process: File the petition in the court of conviction after the waiting period. For Section 4 felonies, unlike the lower levels, expungement is not automatic or mandatory - it’s subject to the court’s discretion. If you meet basic criteria, the court may grant expungement, but judges have more leeway to deny a Section 4 petition in the interest of justice. In practice, if you’ve turned your life around and meet all requirements, courts often will grant it, but it isn’t guaranteed as a matter of right (as it is for lower-level offenses).

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The prosecutor’s stance can be important here. While not required by statute for Section 4, a prosecutor’s objection or support may influence the court’s decision. If the prosecutor does not object, the court can potentially grant the expungement without a hearing. If the prosecutor objects, a hearing will be set (at least 60 days out) for the judge to consider arguments.

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Effect: If granted, Section 4 expunged records are sealed from public access, just like lower-level offenses. (Technically, Section 4 expungements fall under the “more serious felony” category that uses Section 7 for the effect. However, the law draws the line between sealed vs. public based on Sections 2-3 versus Sections 4-5. As of a 2019 amendment, all Section 4 and 5 expungements remain public but marked as expunged, but Section 7 actually now applies mainly to Section 5. This area can be confusing, but essentially: if your expunged felony was not extremely serious, records end up sealed to the public.) For clarity, many sources categorize Section 4 felonies as “more serious” that remain public. However, Indiana’s 2019 changes indicate that only expungements under Sections 4 and 5 are handled by Section 7’s provisions. Under Section 7, expunged felonies can technically remain visible but must be clearly labeled as expunged. In practice, this means someone doing a public records search might still see the case, but it will note it was expunged (and employers are not supposed to use it against you). Check with an attorney on how your particular case will be treated, as court practices vary on making Section 4 records non-public.

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Regardless of public visibility, after expungement you gain the legal benefits (no need to disclose it in most cases, protection from discrimination, etc.). Law enforcement and courts will still see the conviction history marked as expunged - and importantly, if you re-offend later, an expunged conviction can still be counted for things like sentence enhancements or repeat-offender status. Expungement does not make a prior conviction vanish for purposes of future criminal proceedings (the law explicitly permits a court to consider expunged convictions in a new sentencing or enhancement context).

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5. Expungement of Serious Felony Convictions (Section 5)

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What it covers: Section 5 addresses the expungement of the most serious felonies - but note, many serious crimes are not eligible at all. Generally, this section is for felonies higher than Level 5 (Level 4, 3, 2, 1 or old Class C, B, A) if they are not excluded. For example, a serious felony like armed robbery or drug dealing might fall under Section 5. But if the felony involved sexual offenses, violence, official misconduct, or resulted in serious bodily injury, it is either excluded or subject to special requirements.

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Ineligible Offenses: By law, you cannot expunge convictions for:

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• Sex offenses or violent crimes (as defined in IC 11-8-8-5, the sex/violent offender registry definitions).
   

• Official misconduct or public corruption offenses committed by an elected official while in office.
   

• Felony that resulted in serious bodily injury to someone (e.g. manslaughter, certain aggravated batteries) - these are not eligible unless the prosecutor specifically consents.
   

• Certain trafficking or human trafficking offenses that caused injury.
   

• Additionally, anyone with two or more separate felony convictions involving a deadly weapon is barred from expungement (this applies across all sections).
   

Eligibility & Waiting Period: If your serious felony is not outright excluded, you must wait at least 10 years from the date of conviction, or 5 years from completion of the sentence (whichever is later) to file. You also must have no other convictions in the prior 10 years. These waiting periods too can be shortened with prosecutor’s written consent in some cases. However, Section 5 additionally requires the prosecutor’s approval for certain felonies: if the offense was committed while you held public office or it resulted in serious bodily injury, the court cannot grant expungement without the prosecutor’s consent by law. In essence, for the highest-level felonies, the prosecutor’s agreement is often a prerequisite, not just a courtesy. This gives the local prosecutor significant gatekeeping authority over expunging the worst crimes.

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Process: The process is similar petitioning the court of conviction. Expect that a hearing will likely be held, and the prosecutor (and possibly victims) may present input. Section 5 expungements are discretionary - even more so than Section 4. The judge is not obligated to grant it, even if you meet the minimum criteria. Courts will weigh factors like the nature of the offense, your rehabilitation, input from victims or community, and any objections from law enforcement or the prosecutor. Indiana law, though, encourages that the statute be interpreted liberally in favor of giving second chances, so a well-supported petition can succeed if the law permits it. Keep in mind, if the prosecutor does not consent where consent is required, the petition likely cannot be granted at all.

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Effect: If a Section 5 expungement is granted, the records remain public but are clearly marked as expunged. This is spelled out in Section 7(b): the record is not sealed from public view, but any public record must note it has been expunged. For instance, if someone pulls the court file or looks up the case online, they would see “Expunged” on it. The idea is transparency for serious matters, while still officially forgiving the offense. Even though the record is technically visible, Indiana law forbids anyone from discriminating against you based on an expunged conviction. In effect, employers or licensing boards are not allowed to treat an expunged serious felony as a conviction that disqualifies you (and doing so could be punishable by contempt or a civil infraction).

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From a practical standpoint, many background check companies will simply remove or ignore expunged records (they’re legally required not to report expunged cases as convictions). So even for a serious felony, once expunged, you get much of the benefit: restoration of civil rights, freedom from most public stigma, and legal protection against discrimination.

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The Expungement Process and Timeline

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Seeking an expungement in Indiana involves several steps and procedural rules. Here’s what to expect in terms of process and timing:

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• Determine Eligibility: First, review the eligibility criteria and waiting periods for your particular case. Mark the date of conviction (or arrest) and ensure the required number of years have passed. Verify that you have no disqualifying conditions (e.g. new convictions in the interim, unpaid restitution, ineligible offense category). Because Indiana only allows one-time expungement filing per lifetime for convictions, it’s critical to include all eligible convictions in your plan (more on the one-time rule below).
   

• Prepare the Petition: You will need to file a separate petition in each county where you have eligible convictions. The petition is filed in the circuit or superior court that handled the case. The content of the petition is guided by statute (IC 35-38-9-8): it should reference the conviction(s) or arrest to be expunged, and affirm that you meet all requirements. Some counties have forms or templates. You must swear (verify) that all info is true. Include all case numbers you intend to expunge - remember, you get one shot.
   

• Filing Fees: Expungement of convictions requires paying the standard civil filing fee (approximately $140) for each petition, as if starting a new civil case. This fee can be waived if you qualify as indigent. Petitions to expunge non-conviction records (Section 1 cases) have no filing fee.
   

• Notifying Prosecutors: When you file, you must serve a copy on the prosecuting attorney of the county. The prosecutor has a chance to review your petition and object if something is amiss. By law, if they choose to object, they must file a statement of their reasons and serve you with a copy. Common reasons for objection would be: you filed too early, you have a disqualifying new charge, unpaid fees, or the offense is ineligible, etc. If the prosecutor does not object within the statutory response period, the court can proceed to decide without a hearing.
   

• Waiting for Response: Typically, prosecutors have 30 days to respond (though the statute allows the court to grant expungement sooner if they affirmatively waive objection). If no objection is filed in time, the judge may rule on the petition based on your submissions alone. Many expungements, especially for misdemeanors or uncontested cases, are granted without a formal hearing if the prosecutor is on board or silent.
   

• Hearing (if needed): If an objection is filed, the court will schedule a hearing no sooner than 60 days after your petition was filed (to give time for all parties to prepare). At the hearing, the judge will consider evidence and arguments. You may need to testify or present proof of rehabilitation, and the prosecutor can present any opposition. The victim of the crime (if there was one) has a right to be notified and to speak or submit a statement for the judge’s consideration. (Notably, the petitioner cannot cross-examine the victim - the process is a bit informal on that point.) After the hearing, the judge will decide whether to grant or deny the expungement.
   

• Court’s Decision: For Sections 2, 3 (and Section 1), if you meet all the statutory criteria, the court must grant the expungement. These are often called “mandatory” expungements. For Sections 4 and 5, the decision is discretionary, meaning the judge has the final say even if you qualify. However, if you’ve shown you meet the law’s conditions, denials are relatively rare unless there’s a specific concern (especially since the law favors second chances). If the law requires prosecutor consent (e.g. a serious bodily injury felony in Section 5) and consent is not given, the judge cannot grant the expungement by law.
   

• One-Year Filing Rule: Indiana has a unique one-year rule for expungement filings. All petitions for expungement of convictions must be filed within a one-year period once you start. In other words, if you have multiple convictions you want expunged (even from different counties), you need to initiate all those expungement cases within one year from the first filing. After that window, you are barred from filing any more expungement petitions for additional convictions in the future. This is essentially a once-in-a-lifetime opportunity for conviction expungement, so plan carefully and include all eligible convictions the first time around. Exceptions: The law provides very narrow exceptions if you left out a conviction by excusable neglect or factors beyond your control, or if your petition for a particular conviction was denied and you later become eligible, you can refile for that conviction. But these are hard to meet - generally, assume you get only one chance to file. Because of this, it’s wise to consult an attorney to make sure all your records that can be expunged are addressed in one go.
   

• Timeline for Results: From filing to a final order, the process can take a few months. If no objections, some courts may grant an expungement in as little as 30-60 days after filing. If there’s a hearing, it could take longer (2-4 months or more). Once the judge signs the expungement order, it may take additional weeks for various agencies (court clerk, state police, BMV, etc.) to update their records. Indiana law mandates that records be updated and sealed immediately upon the court’s order (the court order itself directs agencies to expunge their records). But as a practical matter, you should allow some time and then verify that your record has been updated. There is also an Indiana State Police expungement compliance division that ensures the expungement order is circulated to all relevant repositories.
   

Benefits of Expungement

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Expunging your criminal record in Indiana can yield significant benefits:

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• Improved Employment Opportunities: Once expunged, a conviction (or arrest) will not show up on a standard background check, which opens doors for jobs that might otherwise reject candidates with criminal records. Employers in Indiana are legally barred from asking about or discriminating because of expunged records. You can confidently answer “no” to questions about convictions in most job applications (except in certain law enforcement or justice system positions). This can dramatically improve your odds of getting hired.
   

• Housing and Education: Landlords and college admission boards similarly won’t see expunged cases in public records. Expungement can remove barriers to renting an apartment or being accepted into educational and training programs that perform background checks.
   

• Licensing and Certifications: Many professional licenses (healthcare, legal, financial, etc.) ask about criminal history. After expungement, licensing agencies cannot deny or revoke a license solely due to the expunged record. In fact, denying someone a license or permit due to an expunged conviction is considered unlawful discrimination in Indiana. This means you have a cleaner slate to pursue careers in fields that might have been off-limits.
   

• Restoration of Civil Rights: Expungement in Indiana restores your civil rights, such as the right to vote, to hold public office, and to serve on a jury (if those were lost). In Indiana, a criminal conviction typically does not remove voting rights except while incarcerated, but felony convictions can bar you from public office or jury duty - expungement lifts those bars, treating you as if you had no conviction.
   

• Firearm Rights (Partial): This one is nuanced. For many people, expungement will restore their firearm rights under state law. If your conviction made you a “serious violent felon” (prohibited possessor) or otherwise a “proper person” disqualified from gun ownership, an expungement should reinstate your ability to legally possess firearms in Indiana. The Indiana Attorney General in 2019 clarified that an expungement restores all civil rights “with no restrictions,” and explicitly took the position that includes handgun rights for those with expunged serious felonies. However, note that if your conviction was for domestic battery or a crime of domestic violence, expungement does not automatically restore gun rights. Indiana law requires a separate court process (a specific petition at least 5 years after conviction) to restore firearms rights in domestic violence cases. Also, federal law and databases (like the FBI’s) may not immediately recognize state expungements for firearms purchases, so there can be some lag or complications in practice. But as a matter of Indiana law, aside from the domestic violence issue, expunged convictions remove state-level firearm prohibitions for most people.
   

• Social and Personal Relief: Beyond the legalities, many people experience great personal relief and reduced stigma. Expungement is often the culmination of staying out of trouble and making positive life changes. It officially recognizes rehabilitation. You no longer have to fear a past mistake defining you to new acquaintances, employers, or anyone who might snoop in public records. This peace of mind and improved reputation can help you move forward confidently.
   

• Legal Protections Against Discrimination: Indiana’s expungement law has strong anti-discrimination provisions. If an employer, landlord, or anyone else treats you negatively because of an expunged record, they are violating the law. In fact, it’s classified as a Class C infraction and can even be punished as contempt of court. Additionally, in any negligence case (say, a company is sued for hiring someone with a record), an expungement order can be used as evidence that the employer exercised due care. This encourages employers to give expunged individuals a fair chance without fear of liability.
   

• “Second Chance” Benefits: Ultimately, expungement can remove many of the collateral consequences of a conviction. By law, once your record is expunged, you are legally treated as if you had never been convicted (with only a few exceptions like future criminal cases). This is a powerful fresh start that can improve many aspects of life - from credit checks (criminal history providers are not allowed to report expunged cases) to simply not being defined by a past error.
   

Warnings, Limitations, and Important Considerations

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While Indiana’s expungement law is generous, there are several warnings and limitations to keep in mind:

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• One-Time Opportunity: As mentioned, you generally only get to expunge your convictions once in a lifetime. Plan strategically. If you rush to expunge one case, and later get another conviction, you cannot expunge the new one in most instances. The statute’s one-year consolidated filing rule means you should include all eligible convictions across the state in your initial filings. If you have a relatively minor recent conviction that will become eligible in a year or two, some people choose to wait until that one is old enough, then file to expunge everything at once. If unsure, consult a lawyer - mistakes here can cost you your only chance. (The law’s narrow exceptions for adding a later conviction require proving “excusable neglect” or that it wasn’t your fault for leaving it out, which is difficult.)
   

• Future Charges Still See Expunged Convictions: An expungement does not erase the conviction from existence. Law enforcement, courts, and prosecutors can access expunged records in specific contexts. Critically, if you are ever prosecuted for a new offense, the expunged conviction can be used in sentencing (to enhance a sentence or charge) and can be considered a prior offense on your record. For example, an expunged OWI (DUI) might still count as a prior if you get another OWI, affecting the penalty. So, while expungement helps in civil life, it won’t help you avoid repeat-offender consequences if you re-offend. Additionally, expunged convictions can be disclosed to criminal justice agencies for employment (like if you apply to be a police officer or a correctional officer, they are allowed to inquire about and see expunged records).
   

• Federal and Out-of-State Records: Indiana expungement only directly affects Indiana state records. If you have FBI records or records in other states, those are not automatically sealed. The FBI and federal authorities have at times not fully honored Indiana expungements (there was a notable issue where the FBI database didn’t mark Indiana expunged “serious violent felonies” as cleared for gun purchase checks). Indiana’s Attorney General has pushed back, insisting that expungements restore all rights. Over time, these issues are being resolved, but be aware there could be hiccups if a federal agency had your record. Also, if you move to another state, that state’s laws on considering expunged convictions may differ.
   

• Excluded Offenses: Not every crime can be expunged. We noted earlier the categories that are never eligible - mainly serious violent felonies, sex crimes, crimes by public officials, and crimes causing serious bodily injury. If you have such convictions, Indiana’s expungement law will unfortunately not provide relief. Your option in that case might be a gubernatorial pardon, which is different and harder to get. (Indiana pardons are rare and have their own process through the Parole Board and Governor’s Office.)
   

• Victim Considerations: If your case had an identifiable victim, be prepared that they have a right to be notified and to give input if they wish. A victim’s objection isn’t an automatic veto, but it can influence the judge. It’s wise to be respectful of this and perhaps include in your petition any positive steps you’ve made (like restitution paid, apologies made, etc., if applicable). The court will balance your interest in relief with any impact on the victim.
   

• Honesty is Important: The petition for expungement requires you to affirm under oath that you’ve been law-abiding and that everything in the petition is true. Providing false information or omitting required information can lead to a denial and could potentially bar you from refiling. Always be truthful about your record and ensure you disclose all required details. If you have a minor conviction you’re not sure is eligible, it’s better to list it and let the court decide, than to hide it and violate the one-time rule.
   

• Pending Charges or Other Jurisdictions: If you have any pending criminal charge, you cannot get an expungement until that is resolved. Additionally, Indiana’s expungement won’t affect convictions from other states or federal convictions. Those have to be handled under those jurisdictions’ laws (if they have expungement or sealing available). The Indiana process is only for Indiana state offenses.
   

• Effect on Civil Penalties: Expungement does not necessarily expunge civil consequences of a conviction. For example, if your driver’s license was suspended due to a conviction, the expungement of the conviction doesn’t automatically reinstate your license. If you lost a professional license or job due to a conviction, expungement might help you reapply, but it doesn’t force an agency to reinstate anything that was already lost (it just prevents future discrimination). And if you were required to register as a sex offender (for a registrable offense), note that those offenses usually are not eligible for expungement anyway; in the rare event one was, expungement likely wouldn’t remove the separate obligation to register without further court action.
   

• Public Access vs. Sealing Nuances: Understand that depending on the section, your case might not be completely hidden from public view. For less serious matters, expungement = sealed (no public access). For the most serious, expungement = public record marked “expunged”. This means someone snooping in courthouse files might still find it (though most online background checks won’t show it). The law still protects you from consequences of that record, but it’s good to know it may still exist in some public form. When talking to potential employers or others, you might preemptively mention you have an expunged record if you suspect they’ll find it, and remind them that by law it cannot be held against you.
   

• Expunged Case Confidentiality: Once an expungement is granted, the court file for the expungement proceeding itself becomes confidential. That means nobody can just look up your expungement petition to see what was in your criminal record. However, until it’s granted, the petition and any hearing are public. So when you file, it briefly becomes a matter of public record that you are seeking an expungement (which might list the offenses). If this is a concern (e.g., media could theoretically attend the hearing), be aware that after the order, it will be sealed. In most cases this isn’t a big issue, but it’s a facet of the law to note.
   

• Judicial Approach: Since Indiana’s expungement law was enacted in 2013, courts have consistently emphasized that it is intended to be forgiving and remedial. Judges are guided to interpret the statute in a way that advances its purpose of providing second chances. Victims have the right to be notified and to provide input at hearings, though petitioners may not challenge victims directly. Law enforcement and government agencies must also follow the law’s non-discrimination rules once a record has been expunged. The overall takeaway is that Indiana courts generally support granting relief when the statutory requirements are met, but strict compliance with the procedural rules is essential.

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Conclusion

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Indiana’s expungement law under IC 35-38-9 offers a comprehensive way for eligible individuals to wipe the slate clean and move forward without the baggage of old records. The process involves careful timing and only comes around once, but the payoff is worth it - sealed records, restored rights, and freedom from many forms of discrimination. By understanding the categories, waiting periods, and procedure, you can navigate the expungement process successfully. It’s always recommended to seek legal advice for such an important step, but even with this overview, you are better equipped to understand how Indiana’s Second Chance Law works.

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Knowledge is power: with the information above, you can approach expungement confidently, knowing the pros, the precautions, and all angles of Indiana’s expungement landscape. Your past does not have to define your future, and Indiana’s expungement law is there to ensure just that - that one mistake or rough patch truly stays in the past once you’ve earned your second chance.

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Summary: Indiana Expungements and FAQ – A "Second Chance" Under I.C. 35-38-9

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1. What is expungement in Indiana?
Expungement is the legal process of sealing or marking your criminal record so it’s hidden from public view. It’s often called the “Second Chance Law.”

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2. Who can get an expungement?

• Arrests/charges with no conviction: Often automatic or available after 1 year.

• Misdemeanors and Level 6 Felonies reduced to misdemeanors: Eligible after 5 years.

• Low-level felonies (Level 6/Class D): Eligible after 8 years.

• Higher-level felonies (Level 5–3): Eligible after 8 years, with more court discretion.

• Serious felonies (Level 2–1, Class A, violent/sex crimes): Usually not eligible. Some may be considered after 10 years with prosecutor consent.

 

3. How long do I have to wait?

• Arrests not leading to conviction: 1 year (sometimes automatic at 60 days).

• Misdemeanors: 5 years from conviction.

• Level 6 felonies: 8 years from conviction.

• Higher felonies: 8–10 years, depending on the case.

• Serious felonies: 10 years (and only with prosecutor consent).

 

4. What’s the process?

• File a petition in the county where your case was.

• Pay a filing fee (unless it’s a non-conviction case).

• Notify the prosecutor.

• If no objection, the judge may grant it quickly.

• If there’s an objection, you may have a hearing.

• All your eligible convictions must be filed within one year – you only get one chance.

 

5. What happens if my record is expunged?

• Employers, landlords, and schools won’t see it on background checks.

• Your civil rights (voting, jury service, holding office) are restored.

• Most gun rights are restored, except domestic violence convictions.

• By law, employers and agencies can’t discriminate against you for an expunged record.

 

6. Are there limits?

• You only get one opportunity to expunge convictions – plan carefully.

• Certain crimes (violent felonies, sex offenses, official misconduct) cannot be expunged.

• If you commit a new crime, expunged convictions can still count against you in court.

• Expungement doesn’t erase records from other states or federal databases.

 

7. Why should I consider an expungement?
Expungement removes barriers to employment, housing, education, and licensing. It lets you legally move on from your past and protects you against unfair treatment for old mistakes.

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