Your past doesn’t have to define your future. For many Indiana residents, an old criminal record can feel like an unshakeable weight preventing them from accessing jobs, housing, or even educational opportunities. The stigma associated with a prior conviction often stands in the way of a fresh start, making it difficult to fully move on and rebuild.
Fortunately, Indiana offers a lifeline for those ready to break free from their past through the Second Chance Law. Designed with fairness and redemption in mind, expungement under this law gives individuals the ability to clear or seal certain parts of their criminal history. This blog outlines how you can leverage Indiana’s expungement process, avoid common pitfalls, and take the necessary steps toward a brighter future.

Indiana’s Second Chance Law: Eligibility and Requirements
The backbone of Indiana’s efforts to promote reformation lies in its Second Chance Law, codified under Indiana Code § 35-38-9. Whether you’re facing challenges from a misdemeanor conviction or a longstanding felony record, this law serves to help individuals restore their reputation by allowing certain criminal records to be cleared.
Who is Eligible?
While the opportunity to expunge your criminal record is empowering, not everyone qualifies. Here’s a quick rundown of key eligibility criteria:
- Misdemeanors (including certain Level 6 (Class D) felonies reduced to misdemeanors), can typically be expunged five years following the date of conviction.
- Level 6 Felonies (Class D) without bodily harm can be expunged after eight years.
- Serious Felonies including those resulting in bodily harm may qualify but often require the prosecutor’s consent and significant waiting periods of at least eight years.
- Arrests without conviction are eligible for expungement one year following an arrest if the charges were dropped, the case was dismissed, or the individual was acquitted.
Disqualifying Factors
Unfortunately, not all criminal offenses are eligible for expungement. Convictions such as violent crimes, sex offenses, and public official misconduct are excluded under the law. Furthermore, an individual can only apply for expungement once in a lifetime, so it’s critical to approach the process carefully.
Step-by-Step Guide to Filing for Criminal Record Expungement in Indiana
Filing for expungement can feel overwhelming, but breaking the process into clear, actionable steps can help. Here’s how to get started:
- Gather Your Records – Obtain a copy of your criminal history from the Indiana State Police and review all information. Double-check dates, charges, and case outcomes to ensure accuracy.
- Determine Eligibility – Cross-reference your records with Indiana Code § 35-38-9 to confirm eligibility. If you’re unsure, seeking advice from an attorney can provide clarity.
- File a Petition – Draft and file a petition for expungement in the court where your conviction occurred. Accuracy is essential in documenting your case details, including dates and case numbers.
- Notify Relevant Parties – Indiana law requires that the prosecutor’s office and relevant law enforcement agencies be notified about your petition. They have the right to oppose it, so proper communication is essential.
- Attend Your Hearing – Some cases may require a court hearing to determine the outcome. Be prepared to demonstrate why expungement is in the best interest of justice.
- Await a Decision – Once approved, the court will order your records expunged or sealed, depending on the type of offense. This process can take up to 90 days post-approval.
By following these steps carefully, you can minimize delays and increase your chances of success.
Common Mistakes to Avoid During the Expungement Process
Errors in the application process can lead to denial, potentially forfeiting your one opportunity to clear your record. Watch out for these common mistakes:
- Failing to Check Eligibility: Not all charges or convictions qualify, and filing for ineligible cases results in automatic rejection.
- Incomplete or Incorrect Paperwork: Ensure every field is completed accurately. Missing details can delay the process.
- Skipping Legal Representation: Even minor mistakes can have major consequences. Hiring an experienced expungement lawyer in Indianapolis maximizes your chances of success.
- Missing Deadlines: Indiana’s expungement laws enforce strict timelines and waiting periods. Applying too early or too late can hurt your case.
- Neglecting to Notify Relevant Agencies: Failing to notify law enforcement or prosecutors may lead to unnecessary opposition.
Get a Free Consultation to Learn Your Eligibility
The Importance of Hiring an Expungement Lawyer
While self-filing is possible, navigating Indiana’s complex Second Chance laws often requires expert guidance. Here’s why hiring an experienced expungement lawyer can make all the difference:
- Legal Expertise: A lawyer understands specific statutes like Indiana Code § 35-38-9 and can assess your eligibility accurately.
- Minimized Risks: Lawyers help you avoid common pitfalls, ensuring error-free paperwork and timely submissions.
- Advocacy in Court Hearings: If your case requires a court appearance, a lawyer can present your case effectively to boost your chances of approval.
Hiring a professional ensures the process is handled efficiently, giving you peace of mind and a higher likelihood of success.
Life After Expungement: What to Expect and How It Can Help
Clearing your record is not only a legal benefit but a profound opportunity for personal growth. Here’s how expungement can transform your life:
- Enhanced Job Prospects: Expunged records are not visible to most employers. Being able to answer “no” when asked about prior convictions improves your chances of employment.
- Better Housing Opportunities: Landlords who conduct background checks will no longer see your sealed criminal record.
- Restored Civil Rights: Rights such as the ability to vote, own a firearm, or hold public office may be restored, depending on the offense.
It’s important to note that, while expungement clears most records, exceptions may exist. Law enforcement agencies or individuals conducting federal background checks may still access sealed records.
FAQs About Expungement in Indiana
Here are answers to common questions about expungement:
Will Expunged Records Appear on Background Checks?
For most employers or landlords, expunged records are inaccessible. However, some agencies, like law enforcement, may still access them under certain circumstances.
How Long Does the Expungement Process Take?
The entire process, from filing to completion, can take anywhere from 4-6 months.
Is Expungement Confidential?
Yes, expungement helps protect your privacy by sealing your records, but absolute confidentiality cannot be guaranteed in exceptional cases.
What If My Petition Is Denied?
You can appeal a denial, but this can be complex. Consulting with an attorney is advisable to understand your options.
Take the First Step Towards a Brighter Future
Clearing your criminal record is life-changing and can open doors to opportunities you never thought possible. With Indiana’s Second Chance Law and the right approach, you can fully step into a future free from the shadows of your past.
If you’re ready to take action, contact David E. Lewis, Attorney at Law, to schedule a free criminal record expungement consultation today. Our experienced legal team is here to guide you every step of the way. Services start as low as $850.
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Related Post: Starting Fresh: 4 Steps to Clean Up Your Criminal History as a Hoosier