Can a Felony Be Expunged in Indiana? Here’s What You Need to Know

A felony conviction can follow you long after you’ve served your sentence, closing doors to jobs, housing, and a fresh start. If you’re carrying that weight in Indiana, there’s good news: state law does allow certain felony convictions to be cleared from your record.

Indiana’s expungement law gives thousands of residents a genuine second chance each year. But not every felony qualifies, and the rules around eligibility, waiting periods, and the filing process can feel overwhelming. This guide breaks down exactly what Indiana law allows, who qualifies, and how the process works, so you can determine whether expungement is within reach.

Felony Expungement in Indiana: The Basics

Expungement in Indiana is governed by Indiana Code 35-38-9. It allows eligible individuals to have their arrest and conviction records sealed from public view, meaning they no longer appear on most background checks.

This is different from a pardon, which forgives a crime but doesn’t remove it from your record, and different from a sentence modification, which changes penalties without touching your record. Expungement actually removes your case from court files, police records, and Department of Correction files, making it the strongest form of relief available under Indiana law.

One important detail: expungement is a one-time opportunity. Once granted, you cannot petition to have future convictions expunged, so it’s worth approaching the process carefully and, ideally, with legal guidance.

Who Qualifies for Felony Expungement in Indiana?

Eligibility depends on two things: the class of felony involved and how much time has passed since your conviction.

Eligibility requirements by felony class

Before you can file, Indiana law requires that:

You have no pending criminal charges
All court costs, fines, fees, and restitution are paid in full
The applicable waiting period has passed
Waiting periods you need to know

Indiana calculates two waiting periods for felony expungement: one counted from your conviction date, and one counted backward from today to check for any other convictions.

Class D/Level 6 felonies with no bodily injury: 8 years from conviction, and 8 years since any other conviction
Class A–C/Level 1–5 felonies and Class D felonies with no serious bodily injury: 8 years from conviction or 3 years from completing your sentence, whichever is later, plus 8 years since any other conviction
Felonies resulting in serious bodily injury: 10 years from conviction or 5 years from completing your sentence, whichever is later, plus 10 years since any other conviction

A prosecutor can agree in writing to waive these waiting periods, though this isn’t guaranteed and depends on the specifics of your case.

Felonies that cannot be expunged

Indiana law excludes several serious offenses from expungement eligibility, including sex offenses, homicide, human trafficking, elected official misconduct, and perjury. If your conviction falls into one of these categories, expungement generally isn’t an option, regardless of how much time has passed.

The Felony Expungement Process in Indiana

Filing for expungement involves more than submitting a single form. Here’s what the process typically looks like:

Confirm eligibility. Verify that your waiting period has passed and all financial obligations to the court are satisfied.
File your petition. You must file in every county where you have a conviction, and list all convictions and arrests on each petition—leaving anything out can jeopardize your case.
Meet filing deadlines across counties. If you have convictions in multiple counties, all petitions must be filed within one year of your first filing.
Await court review. A judge will examine your petition, and in some cases, may require a hearing, particularly for more serious felonies where the court has discretion.
Receive the court’s decision. If granted, your records are removed from court files, police records, Department of Correction files, and driver’s license branch files.

Because a single missing detail can delay or derail a petition, many Indiana residents choose to work with an experienced expungement attorney rather than navigate the paperwork alone.

Benefits of Expunging a Felony Record

Clearing a felony conviction opens doors that may have felt permanently closed:

Employment: It becomes illegal for employers to refuse to hire, promote, or retain you because of an expunged conviction.
Professional licensing: Many licensing boards can no longer deny credentials based on an expunged record.
Housing: Landlords conducting background checks won’t see the expunged conviction, improving your chances of approval.
Education: Schools cannot deny admission based on a record that’s been expunged.
Restored rights: Expungement can restore your right to vote, hold public office, and, unless otherwise prohibited, own a firearm.

Beyond the practical advantages, many people describe a genuine sense of relief and renewed confidence once their record is cleared.

Challenges and Limitations to Keep in Mind

Expungement offers real relief, but it isn’t a cure-all. A few limitations are worth understanding before you file:

Serious offenses remain ineligible. Sex offenses, homicide, and human trafficking convictions cannot be expunged under current law.
Federal visibility may persist. Some federal agencies and background check systems may still retain records even after a state-level expungement.
Disclosure rules can vary. Certain applications, such as those for specific government positions or licenses, may still require you to disclose an expunged conviction.

An attorney familiar with Indiana’s expungement statute can help you understand exactly how these limitations apply to your situation.

How an Expungement Attorney Can Help

Given the strict deadlines, multi-county filing requirements, and one-time nature of expungement, working with an attorney significantly improves your odds of a smooth, successful outcome. A skilled expungement lawyer can:

Confirm your eligibility and calculate your exact waiting period
Prepare and file accurate petitions across every relevant county
Represent you at any required court hearings
Advocate for prosecutorial consent if you’re seeking early eligibility

Frequently Asked Questions

How long does felony expungement take in Indiana?

Timelines vary by county and case complexity, but the process generally takes several months from filing to a final court decision.

Can I expunge more than one felony conviction?

Yes, but you must include every conviction on your petition. You cannot selectively expunge one felony while leaving others off the record, and you only get one opportunity to file in your lifetime.

Will an expunged felony still show up on a background check?

In most cases, no. Expunged records are removed from court files, police records, and Department of Correction files, so they won’t appear on standard background checks conducted by employers or landlords.

Do I need a lawyer to file for expungement in Indiana?

It’s not legally required, but given the strict filing deadlines and documentation requirements, legal guidance greatly reduces the risk of costly mistakes.

Take the First Step Toward a Clean Record

A felony conviction doesn’t have to define your future. If you meet Indiana’s eligibility requirements, expungement can restore opportunities in employment, housing, and beyond.

David E. Lewis, an experienced criminal expungement attorney in Indianapolis, has spent more than two decades helping Indiana residents clear their records and reclaim their futures. Call 317-636-7514 today for a free consultation to find out if you qualify for felony expungement in Indiana.

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