Quick Overview
- Indiana's expungement law under IC § 35-38-9 is one of the most comprehensive in the nation - covering misdemeanors, many felonies, and even certain arrests without convictions.
- Indiana law categorically excludes certain offenses regardless of waiting period: For more information, visit the Indiana General Assembly.
- This means you may already be eligible without filing anything.
Indiana's One-Time Expungement Rule
Indiana's expungement law under IC § 35-38-9 is one of the most comprehensive in the nation - covering misdemeanors, many felonies, and even certain arrests without convictions. But it comes with an absolute limitation that makes careful preparation essential: you get exactly one lifetime petition. If you miss an eligible charge, make a procedural error, or file before all charges have met their respective waiting periods, Indiana courts cannot grant a second petition.
This one-shot rule transforms Indiana expungement from a routine process into a high-stakes legal strategy. A thorough attorney will pull your complete criminal history from the Indiana State Police Limited Criminal History database, verify eligibility waiting periods for every offense in every jurisdiction, and ensure the petition is complete before filing. The Indiana Courts website (in.gov/courts) provides access to the MyCase portal for current record status. Learn more about expungement attorney costs on our blog.
This is the most important thing to understand about Indiana expungement: you can only petition once in your lifetime. If you miss a conviction that was eligible, make an error in your petition, or file prematurely before you're eligible for all charges, you cannot refile. This makes having an experienced Indiana expungement attorney critical - there are no second chances. For more information, visit the Indiana Courts.
Indiana Expungement Eligibility (IC § 35-38-9)
Indiana's law covers multiple categories:
| Category | Wait Period | Key Requirements |
|---|---|---|
| Arrests with no conviction | 1 year after arrest (or sooner with prosecutor consent) | No conviction, no pending charges |
| Misdemeanor convictions | 5 years after sentence completed | No new convictions, all fines paid |
| Class D / Level 6 felonies | 8 years after sentence completed | No new felonies, court discretion may apply |
| Class C or higher felonies | 8 years (or earlier with prosecutor consent) | Prosecutor consent required for most; judge has full discretion |
What Cannot Be Expunged in Indiana
Indiana law categorically excludes certain offenses regardless of waiting period: For more information, visit the Indiana General Assembly.
- Murder, voluntary manslaughter
- Sex offenses requiring registration (IC § 11-8-8)
- Human trafficking offenses
- Crimes committed by elected officials or public servants in their official capacity
- Perjury and false informing (related to expungement proceedings)
Indiana Automatic Expungement (2022)
Indiana enacted automatic expungement for certain cases in 2022 - arrests that didn't result in prosecution are eligible for automatic expungement after 1 year, and acquittals after 1 year. This means you may already be eligible without filing anything. Check your case status at mycase.in.gov. For more information, visit the Indiana Bar.
Cost of an Indiana Expungement Attorney
Indiana expungement attorney fees typically range from $1,000 to $2,500 for a straightforward case, higher for complex cases involving multiple Class C or above felonies where prosecutor consent is required. Given Indiana's one-time rule, professional guidance is a worthwhile investment. Learn more about expungement vs. record sealing on our blog.
The Indiana Expungement Process
The Indiana expungement process follows a defined sequence: (1) Pull your complete criminal history from the Indiana State Police Limited Criminal History database - this costs a small fee but is essential; (2) Verify eligibility for each offense, checking waiting periods, categories, and exclusions under IC § 35-38-9; (3) File petition(s) with the court where each conviction occurred - Indiana requires a separate petition in each county court; (4) Serve the prosecuting attorney for each jurisdiction, who has 30 days to respond; (5) Attend any hearing the court schedules; (6) Receive the court order and serve it on Indiana State Police and all relevant agencies.
The prosecutor's role is significant in Indiana. For misdemeanors, the prosecutor may consent or simply not object, allowing the court to grant the petition. For higher felonies, the prosecutor's active consent may be required. If the prosecutor objects, a contested hearing is scheduled and the judge makes a discretionary decision. An attorney familiar with local prosecutors in your county can significantly affect the outcome. The Indiana General Assembly website (iga.in.gov) has the full text of IC § 35-38-9. The Indiana State Bar Association (inbar.org) offers lawyer referral services. Also see how to find an expungement attorney near you.
- Pull your complete criminal history from the Indiana State Police Limited Criminal History database
- Verify eligibility for each offense (waiting periods, categories, exclusions)
- File petition(s) with the court where each conviction occurred
- Serve the prosecuting attorney for each jurisdiction
- Wait for the prosecutor's response (30 days typically) - prosecutor may consent or object
- Attend hearing if requested
- Receive court order and serve on Indiana State Police and relevant agencies
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