Every January, millions of us commit to the same rotation of resolutions. We promise to join a gym, eat more greens, or finally organize the garage. While these goals are noble, they often fade by February. But what if your resolution for this year could fundamentally change the trajectory of your life?
For thousands of Hoosiers carrying the weight of a past criminal record, a true fresh start is possible through expungement. Indiana’s “Second Chance” law isn’t just a legal procedure; it is a pathway to better employment, stable housing, and the peace of mind that comes with knowing your past no longer dictates your future. If you have been waiting for the right time to clear your name, there is no better way to ring in the new year than by taking control of your legal history.
Understanding Indiana’s “Second Chance” Law
Expungement in Indiana is governed by Indiana Code 35-38-9. Unlike some states where “expungement” means the complete destruction of physical records, Indiana law typically involves either sealing your records or marking them as “expunged.”
When a record is sealed, it becomes inaccessible to the general public, including most employers and landlords. When a record is marked expunged (typically for more serious felonies), it remains visible but is clearly labeled as expunged, signaling to the world that the state considers your debt to society paid in full.
Crucially, Indiana law prohibits discrimination based on an expunged record. This means that in most cases, it is unlawful for an employer to refuse to hire you solely because of a conviction that has been expunged.
Do You Qualify? Breaking Down Eligibility
Eligibility for expungement largely depends on the severity of the offense and how much time has passed since your conviction. The clock generally starts ticking from the date of your conviction, provided you have remained crime-free since then.
Arrests and Dismissed Charges
If you were arrested but never convicted, or if your charges were dismissed, you don’t have to wait long to clear your name. You can petition for expungement one year after the date of your arrest or charge. In many cases, this is a straightforward process that removes the stigma of an arrest record from background checks.
Misdemeanors and Lower-Level Felonies
For misdemeanors and Class D or Level 6 felonies that have been reduced to misdemeanors, the waiting period is five years from the date of conviction.
You must meet the following criteria:
- You have no pending criminal charges.
- You have paid all fines, fees, and restitution.
- You have not been convicted of a new crime within the five-year period.
Class D and Level 6 Felonies
If you have a Class D or Level 6 felony that was not reduced to a misdemeanor, the waiting period extends to eight years from the date of conviction. Similar to misdemeanors, you must have a clean record during this waiting period and have all financial obligations satisfied.
Serious Felonies
For more serious felonies (Major Felonies), the requirements are stricter.
- Without Serious Bodily Injury: You may petition eight years after conviction or three years after completing your sentence, whichever is later.
- With Serious Bodily Injury: You generally must wait ten years after conviction or five years after sentence completion. Crucially, expunging these serious offenses requires the written consent of the prosecutor.
Note: Certain offenses, such as sex crimes, homicide, and human trafficking, are generally ineligible for expungement under current Indiana law.
The Filing Process: Step-by-Step
Filing for expungement is a civil proceeding, not a criminal one. It requires precision, as Indiana law allows you to file for expungement only once in your lifetime. This means you must include all eligible convictions in a single petition (or petitions filed in different counties within a 365-day window).
- Gather Your Records: You will need detailed information about every arrest and conviction you wish to expunge, including cause numbers and dates.
- File the Petition: You must file the petition in the county where the conviction occurred. If you have convictions in multiple counties, you must file separate petitions in each county.
- Notify the Prosecutor: After filing, you must serve a copy of the petition to the county prosecutor. They have 30 days to object.
- The Hearing: If the prosecutor objects, or if the court requires it (often for major felonies), a hearing will be set. If there is no objection and you meet all statutory requirements for a misdemeanor or lower-level felony, the court must grant the expungement.
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Why Expungement is Worth the Effort
The benefits of a clean slate extend far beyond personal satisfaction.
- Employment Opportunities: Most employers conduct background checks. Expungement can open doors to careers that were previously closed to you.
- Housing Stability: Landlords frequently deny applications based on criminal history. Sealing these records helps secure safe and stable housing.
- Restoration of Rights: Expungement generally restores civil rights, such as the right to hold public office and serve on a jury.
- Lower Insurance Premiums: A cleaner record can sometimes lead to better rates for auto and home insurance.
Navigating Recent Changes and Supplemental Orders
Indiana’s expungement laws have evolved significantly since the original “Second Chance” law was passed. The legislature frequently tweaks the code to clarify waiting periods or adjust eligibility.
One important feature of the law is the ability to file a Supplemental Petition. Because the law limits you to one expungement proceeding in your lifetime, you generally cannot come back later to expunge a conviction you missed. However, if the laws change after your expungement is granted, and those changes would have made you eligible for more relief, you may be allowed to file a supplemental petition to gain the benefits of the new law.
Keeping up with these changes is vital. For instance, recent legislative sessions have debated adjustments to how official misconduct and juvenile records are handled. Staying informed ensures you don’t file too early and miss out on relief that might become available with impending legislation.
Common Questions About Expungement
Does expungement destroy my records?
Not usually. For most convictions, records are sealed or marked as expunged. They are removed from public access on sites like MyCase.in.gov, but law enforcement and federal agencies can still access them for specific purposes.
Can I own a firearm after expungement?
Expungement restores your status as a “proper person” under Indiana law, which usually restores state gun rights. However, federal law is more complex. Expungement for domestic violence convictions, for example, may not restore your federal right to own a firearm.
What if I live out of state now?
You can still file for expungement in Indiana for crimes committed here, regardless of where you currently live.
Start Your Journey to a Clean Record in 2026
A New Year’s resolution is a promise to your future self. While diet and exercise are important, removing the barriers that hold you back from a better job or a better home can be life-changing. You have served your time and paid your debts; do not let an old record keep punishing you.
Because you only get one chance to file, it is critical to get it right the first time. Errors in your petition can lead to delays or denials.
Ready to reclaim your future in 2026? If you are in the Indianapolis area and are ready to leave your past behind, we are here to help. Contact Us Today for a comprehensive criminal record expungement eligibility review. Let us handle the complex paperwork and legal hurdles so you can focus on building the life you deserve.
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Related Post: Start the New Year Off Right By Sealing Your Indiana Criminal Records