A criminal record can often feel like a roadblock, affecting your ability to secure employment, access housing, and even pursue meaningful opportunities. Fortunately, Indiana law provides a clear pathway to a fresh start through criminal record expungement. This guide will walk you through everything there is to know about the process, from eligibility requirements to common mistakes, and why seeking legal assistance might be your best decision.
Whether you’re looking to improve your chances at a better future or simply curious about your options, this post will give you the knowledge to take the first step toward reclaiming your story.

Understanding Expungement in Indiana
Expungement is the legal process of sealing or removing certain entries on your criminal record, effectively giving you a clean slate. Under Indiana’s Second Chance Law, eligible individuals can petition to clear their records, preventing most prospective employers, landlords, and others from viewing past offenses.
What is Record Sealing vs. Expungement?
While expungement clears your record, sealing a record restricts public access without erasing the information entirely. Law enforcement or certain government bodies may still access sealed records. Both processes, however, limit the negative impacts of past offenses during background checks.
Eligibility Requirements – Who Qualifies for Expungement?
General Eligibility
Under IC 35-38-9-1 of Indiana law, eligibility for expungement depends on the type of offense, the time elapsed since the conviction, and whether you’ve fulfilled all sentencing requirements. Here’s a breakdown of eligibility by conviction type:
▷ Arrests Without Conviction
If you were arrested but not convicted, you may petition for expungement after one year, provided the charges were dismissed or resulted in an acquittal.
▷ Misdemeanors
Most misdemeanors, or felonies downgraded to misdemeanors, are eligible after five years, as long as all court requirements (e.g., fines or probation) are complete.
▷ Felonies
Felonies that didn’t involve serious violence may be eligible for expungement after eight years, though some require prosecutor approval.
▷ Serious Violent Felonies
These cases face additional scrutiny and are often not eligible unless specifically petitioned and granted at the court’s discretion.
▷ Convictions for Sexual Crimes or Official Misconduct
These offenses are generally not eligible, but consult an attorney to understand exceptions.
Can Multiple Convictions Be Expunged?
Yes. Indiana allows the expungement of multiple convictions in a single petition as long as they meet the above time and eligibility criteria. Timing is crucial, however, since individuals are typically granted only one opportunity to file for expungement in their lifetime.
Talk to an Indiana Expungement Lawyer for Free
The Expungement Process – A Step-by-Step Guide
Step 1 – Gather Documents
Obtain certified copies of your criminal records. You’ll need documentation from the courts where your convictions occurred, and in some cases, you may need to provide background checks.
Step 2 – Confirm Eligibility
Make sure your case(s) qualify under IC 35-38-9-1. Verify that enough time has passed since your conviction and that all fines, fees, and probation requirements have been completed.
Step 3 – File Your Petition
Draft and file a petition for expungement at the court where the conviction was processed. This petition must highlight key details, including the offense in question and proof of your eligibility.
Step 4 – Notify Relevant Parties
Notify the prosecutor’s office, as they may contest your petition. You must allow them adequate time (as prescribed by local court rules) to review your request.
Step 5 – Attend Your Court Hearing
If required, attend a court hearing to explain your application. Bring supporting evidence of rehabilitation, like proof of employment, volunteer work, or course completions.
Step 6 – Decision
If successful, your record will be expunged and sealed, allowing you a clean slate. If denied, seek advice on reapplication or appealing the decision.
Common Mistakes to Avoid – Ensuring a Smooth Process
- Incomplete Documentation – Missing court records or incorrect filing can halt your progress. Double-check required forms and deadlines.
- Filing Too Early – Petitions submitted before the mandatory waiting period will likely be rejected.
- Failing to Fulfill Sentencing Requirements – Proof that all fines, probation, or community service obligations were met is essential.
- Not Consulting an Attorney – Indiana’s expungement laws are intricate. Failing to seek professional guidance may result in a denied application.
Benefits of Expungement – Rebuilding Your Future
Cleaning your criminal record opens the door to a brighter future. Here are some practical benefits of record clearing:
- Better Employment Opportunities – Expungement reduces barriers during background checks, boosting your chances of landing a job.
- Improved Housing Options – Landlords often conduct background screenings, and an expunged record increases your ability to secure housing.
- Financial Growth – With higher earning potential and more stability, you’ll experience greater financial opportunities.
- Restored Reputation – An expungement removes the public stigma associated with a criminal record.
Seeking Legal Assistance – When to Consult an Expungement Lawyer
While individuals can pursue expungement on their own, hiring a professional attorney increases success rates and ensures the process goes smoothly. An expungement lawyer can:
- Evaluate your eligibility carefully.
- Help draft and file accurate petitions.
- Represent you in court hearings should your case face opposition.
Legal fees vary but are worth the investment, considering the long-term relief and opportunities an expunged record provides.
Your Path to a Fresh Start
Clearing your criminal record in Indiana through expungement is a powerful way to regain control of your life and rebuild your future. By following Indiana’s Second Chance Law and taking the proper steps, you can access a broad range of opportunities that were closed off before.
Don’t wait to take back control of your narrative. Begin your expungement process today by scheduling a free Indiana expungement consultation with David E. Lewis, Attorney at Law. Your clean slate is closer than you think.
Schedule Your Free Consultation Now
Related Post: Breaking Free from the Past: Strategies for Cleaning Up Your Criminal History in Indiana