Indiana Expungement & Record Sealing Guide
Governing law: Ind. Code § 35-38-9 (expungement / restricted access)
Restricted access to criminal records
Who Qualifies for Expungement in Indiana?
Indiana uses the term "restricted access" rather than expungement — records are sealed from public view but retained. The law covers arrests, misdemeanors, and most felony convictions with varying waiting periods.Arrests Without Conviction
- 1 year after the arrest date (if charges were not filed or were dismissed)
- File in the court where the case was filed (or would have been filed)
Misdemeanor Convictions
- 5 years after conviction date
- No new criminal charges during the waiting period
- All fines and costs must be paid
Class D Felony / Level 6 Felony Convictions
- 8 years after conviction date
- No new criminal charges during the waiting period
- All fines, costs, and restitution paid
Class C/B/A and Level 1–5 Felony Convictions
- 10 years after conviction date
- Court has discretion — not a right
- The prosecuting attorney may object; judge weighs public interest vs. individual hardship
Not Eligible
- Murder and Level 1 felonies (generally)
- Sex offenses requiring registration
- Official misconduct
- Any person with more than one felony conviction involving separate episodes (with limited exceptions)
Important: Indiana allows only one expungement petition per person per lifetime. You must include all eligible convictions in a single petition — you cannot come back later for additional records.
Step-by-Step: How to Clear Your Record in Indiana
- Gather all case records — Because you only get one petition, it's critical to identify every conviction you want expunged across all Indiana counties.
- Obtain your criminal history — Request from Indiana State Police (ISP) online portal (fee: ~$16.32).
- File in each county — You must file a separate petition in each county where a conviction occurred, but all petitions must be filed simultaneously (within a reasonable period).
- Serve the prosecutor — The prosecuting attorney has 30 days to object for felony petitions. No objection is allowed for misdemeanors if eligibility criteria are met.
- Hearing (felonies) — For Class C/B/A and Level 1–5 felonies, a hearing is required. Bring evidence of rehabilitation, employment, community ties.
- Order issued — If granted, the court orders all agencies to restrict access to the records.
Waiting Periods
- Arrest without conviction: 1 year from arrest
- Misdemeanor conviction: 5 years from conviction
- Class D / Level 6 felony: 8 years from conviction
- Class A/B/C / Level 1–5 felony: 10 years from conviction
All fines, fees, and restitution must be fully paid before filing.
Costs
- Filing fee: $156 per county (varies; misdemeanor courts may differ)
- ISP criminal history: ~$16.32
- Attorney fees: $1,000–$3,500 (especially important given one-petition rule)
Given Indiana's one-petition-per-lifetime rule, an attorney review is highly recommended before filing to ensure you capture all eligible records correctly.
What Record Clearing Does (and Doesn't) Do in Indiana
After a successful expungement or sealing in Indiana, your record will generally be cleared from:
- Most private employer background checks
- Rental housing background checks
- Most licensing board inquiries (varies by profession)
However, it typically does not affect:
- Federal law enforcement and immigration records
- Military background checks
- Applications for law enforcement positions
- Some professional licensing boards (law, medicine, teaching — varies by state)
- Sex offender registry requirements (in most cases)
Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in Indiana for advice specific to your situation.
Want professional help with your Indiana expungement?
An expungement attorney can handle the paperwork, catch eligibility issues you might miss, and significantly increase your chances of approval. Use a trusted attorney directory to find licensed counsel in Indiana.
These are independent attorney directories. Clean Slate Guide does not provide legal services.