Having a criminal record can create roadblocks in many areas of life—finding a job, securing housing, applying for loans, or even volunteering at your child’s school. Fortunately, Indiana law provides a path to clear your record through a legal process called expungement. However, not every offense qualifies, and the rules can be complex. If you’re wondering whether your past conviction or arrest can be expunged, here’s what you need to know.
What Is Expungement?
Expungement refers to the legal method of sealing a criminal record from public access. In Indiana, the law permits individuals with arrests, charges, or specific convictions to file a petition for expungement with the court. If approved, these records are hidden from the public, including most employers and landlords.
While expungement does not completely erase your history from law enforcement or court databases, it does remove it from background checks used in most civilian contexts. Indiana’s expungement law is sometimes called the “Second Chance Law” for good reason—it allows people to move on from past mistakes.
Offenses That May Be Expunged in Indiana
Indiana classifies offenses into different categories when it comes to eligibility. For instance:
Arrests and Criminal Charges That Did Not Lead to a Conviction
If you were arrested or charged with a crime but never convicted—whether the case was dismissed, you were found not guilty, or the charges were dropped—you’re generally eligible for expungement one year after the date of arrest. You do not need prosecutor approval for these types of cases.
Misdemeanor Convictions
Most misdemeanor convictions—including Class A, B, and C misdemeanors—are eligible for expungement five years after the date of conviction, provided you’ve had no other convictions during that time. Examples include:
- Simple assault (non-aggravated)
- Public intoxication
- Disorderly conduct
- Shoplifting or minor theft
- Possession of marijuana (first-time offense)
However, you must have completed all terms of your sentence, including probation and payment of fines or restitution.
Class D (or Level 6) Felonies Reduced to Misdemeanors
If you were convicted of a Class D felony (under the old system) or a Level 6 felony (under the current system), and it was later reduced to a misdemeanor, it is generally treated as a misdemeanor for expungement purposes. The waiting period is also five years, and you must meet the same requirements as other misdemeanors.
Non-Violent Felonies
For most non-violent Level 6 felonies, you may petition for expungement eight years after the conviction. Prosecutor approval is not required, but all sentence terms must be satisfied.
For more serious non-violent felonies (Levels 5, 4, or 3), expungement is still possible—but you must wait eight years after the conviction or three years after completing your sentence, whichever is longer. In these cases, you do need the prosecutor’s consent.
Serious Felonies and Crimes of Violence
Under Indiana law, offenses such as murder, rape, child molestation, human trafficking, and official misconduct cannot be expunged. Furthermore, those convicted of several violent or sexual crimes are typically excluded from expungement altogether.
Other Important Requirements
To qualify for expungement in Indiana, you must also:
- Have no pending criminal charges
- Not be a registered sex or violent offender (in most cases)
- Not have previously expunged two or more convictions
- File in the correct county where the conviction occurred
Contact Us Today To Learn More
Expungement offers real hope—but the process can be confusing without experienced legal guidance. Missing deadlines, filing errors, or overlooking eligibility rules can derail your petition.
If you’re ready to leave your past behind, contact us today to schedule a consultation and take the first step toward a clean slate.
