What is the new expungement law in Indiana?
Asked by: Shanel Halvorson DVM | Last update: November 6, 2025Score: 4.8/5 (44 votes)
The new Indiana Expungement Law gives you one shot to expunge old convictions from your record. Depending on the severity of the crime, you may have to wait longer the more severe the criminal history.
What crimes cannot be expunged in Indiana?
Some felonies can be expunged. However, some crimes are ineligible for expungement, including sex crimes, violent crimes, crimes resulting in bodily injury to another person, homicide, and human trafficking. For most felonies, an individual must wait eight years after conviction to request an expungement.
How can I get my record expunged for free in Indiana?
The petition to expunge arrest records should be filed in the court where charges were filed or, if no criminal charges were filed, in a court in the county where the arrest occurred. I.C. 35-38-9-1(e). There is no filing fee required for a petition under this section.
What is the new automatic expungement law in Indiana?
However, the Indiana Legislature recently enacted new law that provides for automatic expungement of certain records. If your case was filed after June 30, 2022, and did not result in a conviction for any reason, you are entitled to expungement 60 days after the date the case was closed.
How long does it take to get a record expunged in Indiana?
It typically takes a few months to expunge a record in Indiana. Once you file your petition to expunge, the prosecutor has 30 days to object. If the prosecutor objects, or if the court believes it needs to take evidence before ruling on the request, it will schedule a hearing no less than 60 days after you file.
Indiana Expungements Explained
How much does it cost to get your record expunged in Indiana?
In Indiana, the average cost of expunging a criminal record ranges anywhere from $250 to $1,000 or more. This fee covers the cost of filing petition papers, obtaining court orders and other necessary paperwork fees.
Do I need a lawyer to expunge my record in Indiana?
Records contained within an individual's criminal history file may be expunged or sealed under Indiana law. A petition for expungement or seal can be filed with a local court of jurisdiction in Indiana by an individual (pro se) or by private legal counsel.
Does Indiana have a clean slate law?
Indiana expungement law, aptly referred to as the Second Chance Law, lets you escape your former self's criminal record and forge a new future with a clean slate. At Keffer Hirschauer LLP, our deep experience in criminal defense practice includes guiding you through the process of expunging your criminal records.
Can you reverse an expungement?
A Type of Dismissal
Instead, it is used to clear defendants' records after sentencing. In most states, an expungement would not be reversed because the defendant already served their sentence.
How to get an early expungement in Indiana?
There is an exception to the rule that you must wait a certain number of years since your most recent conviction to petition to expunge your conviction records. If you get written permission from the County Prosecutor stating that you may file a petition before the waiting period, then you may file a petition sooner.
Can I file for expungement without a lawyer?
You can do it yourself, but it is better to hire a lawyer. You want it done right the first time, and the process can be confusing for laypeople. It's best to hire a professional to do the work for you.
What is the second chance law in Indiana?
The Indiana Second Chance Law allows an individual to petition the court for an expungement of criminal records or to seal certain arrests or convictions. If the petition is granted, a person's criminal history is either expunged, sealed, or marked as expunged, depending on the reason a court granted the petition.
Can police see expunged records in Indiana?
Public agencies will refuse disclosure of records if the information on the case file is sealed or expunged.
Can judges see expunged records?
Courts, law enforcement, prosecutors, and other criminal justice agencies can access expunged records for future criminal investigations and charging and sentencing decisions.
How many times can you get an expungement?
There are no limits to how many times you can file a petition for a Section 1 expungement, and they may be filed even if the individual has previously filed for expungement of convictions.
How do I know if my case was expunged?
You can contact the court that issued the expungement order to determine if your records have been successfully expunged or sealed. You can visit the courthouse in person, call them, or use an online search or contact tool (if available).
Will an expunged record show up on a federal background check?
A Level 2 FBI Background Check
A Level 2 check will even uncover those sealed or expunged records – especially if they involve the mistreatment of children, the elderly, or the disabled.
What is another word for expungement?
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What is the second chance program for felons in Indiana?
You may be able to restrict access to a portion of your criminal record under the Second Chance Law. In 2011, the Indiana General Assembly passed legislation permitting individuals to seal portions of their criminal record. This was revised and condensed into Indiana Code 35-38-9 effective July 1, 2013.
What is the Indiana record law?
In Indiana, recording a conversation is legal as long as at least one person involved in the conversation consents to it. This is referred to as a one-party consent law, meaning the person recording must either be part of the conversation or have permission from one of the participants.
Can you expunge a DUI in Indiana?
In Indiana, as in several other states, you can erase the DUI arrest record and charge, but you cannot expunge the conviction.
How to get background expunged in Indiana?
Under these requirements, those who would like to have their Level 6 and Major Felony records expunged must no convictions in the 8 years prior to filing their petition; no pending criminal charges; successful payment of all fines, fees, court costs and restitution; and the successful payment of the expungement filing ...
Who can see expunged records in Indiana?
Although law enforcement and governmental agencies can see expunged criminal records, the general public cannot. This includes friends, family, employers, schools, banks, and more.
Will expunged record show up on security clearance?
Only certain employers, varying by state but usually including law enforcement and others, may be able to see such results. Will an expunged record show up on security clearance? Most likely, yes.