Indiana's expungement law (IC § 35-38-9) is one of the most comprehensive in the country - but it comes with a critical one-time rule: you get one shot. Understanding the law before you file is essential. Here's everything you need to know about Indiana expungement.
By Anthony WillEst. 2013Published May 27, 2026Read time: 10 min
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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.
Critical: Indiana's one-time rule means a missed eligible conviction is missed forever. Never file an Indiana expungement petition without verifying your complete criminal history across all Indiana jurisdictions.
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:
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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.
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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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Frequently Asked Questions
What is Indiana's one-time expungement rule?
Under IC § 35-38-9, a person may petition for expungement only once in their lifetime. If you file and miss an eligible conviction, include errors in your petition, or file before all charges meet their waiting periods, you cannot refile. This makes Indiana expungement unusually high-stakes - a single petition must capture every eligible offense you've ever had. An experienced Indiana expungement attorney is essentially required to avoid costly mistakes.
Can Indiana felonies be expunged?
Yes. Indiana allows expungement of many felony convictions. Class D (Level 6) felonies can be expunged after 8 years without prosecutor consent. Class C felonies and higher require either 8 years plus prosecutor consent, or court order after the waiting period. Violent felonies, serious sex offenses, human trafficking, and crimes by elected officials acting in their official capacity are categorically excluded under IC § 35-38-9.
How long does Indiana expungement take?
Typically 4–8 months from filing to court order for uncontested cases. Cases requiring prosecutor consent take longer - the prosecutor has 30 days to respond after service, and may negotiate or object, adding months to the timeline. If the prosecutor objects and the case goes to a contested hearing, the total timeline can reach 9–18 months. Having documentation that supports all eligibility criteria ready before filing speeds the process.
Does Indiana have free expungement help?
Yes. Indiana Legal Services (indianalegalservices.org) provides free expungement help for income-qualified Hoosiers. The Indiana State Bar Association's Volunteer Lawyers Program connects low-income clients with pro bono expungement attorneys. Many Indiana counties hold periodic expungement clinics. The Indiana General Assembly website (iga.in.gov) publishes the full IC § 35-38-9 statute for reference.
Will Indiana expungement remove records from Google?
No, not automatically. Indiana courts update the MyCase portal to reflect expungement, but Google, Justia, CourtListener, background check sites, and other platforms that previously indexed your case continue to display the record unless directly addressed. Internet cleanup requires separate action after legal expungement - submitting your expungement order to data brokers and legal databases, and requesting Google de-indexing.
What Indiana offenses cannot be expunged?
Indiana law categorically excludes from expungement: murder and voluntary manslaughter; sex offenses requiring registration under 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; and certain serious violent felonies. Checking the full exclusion list in IC § 35-38-9-3 before filing is essential.
How much does an Indiana expungement attorney cost?
Indiana expungement attorney fees typically range from $1,000 to $2,500 for a straightforward case. Cases involving Class C or higher felonies requiring prosecutor consent, or multiple charges across multiple courts, cost more - $2,500 to $4,000+. Court filing fees vary by county and case type. Given Indiana's one-time rule, attorney guidance is a worthwhile investment. The Indiana Bar (inbar.org) can refer you to qualified attorneys.
What is Indiana's automatic expungement for arrests?
Indiana enacted automatic expungement provisions for certain cases in 2022. Arrests that didn't result in prosecution are eligible for automatic expungement after 1 year. Acquittals are eligible after 1 year. You may already be eligible for automatic expungement on older arrests without filing anything. Check your case status at mycase.in.gov to see current record status and whether automatic expungement has already occurred.