What is the second chance law in Indiana?
Asked by: Kailey Kiehn | Last update: January 6, 2026Score: 4.2/5 (67 votes)
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.
Does Indiana have a second chance program?
Although it has been nicknamed an "expungement law," Indiana's Second Chance Law only restricts access to criminal records; it does not forever erase or expunge one's criminal history.
What is the new expungement law in Indiana?
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.
Is Indiana a second chance state?
Indiana's Second Chance Law was passed in 2011 and took effect in July 2013. Under this law, individuals with criminal records are allowed to request that public access to their criminal histories be restricted through expungement.
Do felonies go away after 7 years in Indiana?
Felony Expungement in Indiana
Individuals who petition the court to have a Class D / Level 6 felony expunged must have their request granted if eight or more years have passed since their conviction and, during that time, they have had no new criminal convictions.
Second Chance Law
Can a felon own a gun after 10 years in Indiana?
If you are a convicted felon in Indiana, then you are not eligible to own or possess a firearm. In fact, if you have been convicted of a crime of “domestic violence” in Indiana, you may have lost your gun rights too.
Will a felony show up on a background check after 10 years?
Under Cal. Civ. Code 1786.18(a)(7), California mandates that a conviction can't be reported when it's older than seven years. Arrests that didn't lead to convictions can't be reported regardless of how much time has elapsed.
How to qualify for the Second Chance Act?
the offender must have served a greater than 10 years or 75% of the term of imprisonment imposed at sentencing; the offender must not have been convicted in the past of any Federal or State crime of violence, sex offense, or other offense enumerated in the statute.
What felonies cannot be expunged in Indiana?
- Sex or violent offenders under Indiana Code § 11-8-8-5.
- Official misconduct under Indiana Code § 35-44.1-1-1.
- Convictions for two or more offenses involving the use of a deadly weapon that were not committed as part of the same episode of criminal conduct.
- Homicide.
How much does it cost to get felonies 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.
Can I expunge my record myself in Indiana?
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.
Can a felony be reduced to a misdemeanor in Indiana?
Understanding Indiana's “Second Chance” Law
In 2012, the Indiana Legislature passed another “Second Chance” law allowing people convicted of certain old Class D Felonies to have those convictions reduced to a misdemeanor.
Can all felonies be expunged?
California Law
For example, in California, felony convictions can only be expunged if: no time was served in state prison, felony probation was successfully completed, and. you are not currently facing criminal charges, on probation, or serving another sentence.
How does the second chance program work?
The Second Chance Act (SCA) supports state, local, and tribal governments and nonprofit organizations in their work to reduce recidivism and improve outcomes for people returning from state and federal prisons, local jails, and juvenile facilities.
What is the Indiana Restart Grant?
Indiana Small Business Restart Grant Program
The grant program began with an initial $34.5 million and received an additional $60 million in funding. Eligible expenses for reimbursement include payroll, insurance premiums, rent or mortgage payments, utilities, lease payments, and safety investments.
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.
How long until a Felony is off your record in Indiana?
Yes. 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.
What is the new automatic expungement law in Indiana?
Indiana Code 35-38-9-1 requires the Court to expunge the record automatically. One caveat is that since this is a new law, some Courts may not be in the habit of doing this or may not do it automatically. If you feel your case qualifies for this automatic expungement, give us a call and we can help you out!
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.
Is the Second Chance Act still in effect?
In 2017, April was designated as Second Chance Month to help individuals, communities and agencies across the country recognize the importance of reentry and their role in supporting individuals leaving incarceration. The following year, the Second Chance Act was reauthorized as part of the First Step Act in 2018.
What is the new law to release bop inmates in 2024?
(Last updated December 11, 2024) The First Step Act of 2018 (Public Law 115–391) created a system in which some incarcerated individuals can earn time credits for participating in recidivism reduction programming or productive activities. Time credits can later be applied toward early release from secure custody.
What is second chance?
another opportunity to do something, especially after someone has made a mistake: Society has to give prisoners a second chance when they come out of jail.
What is the 7 year rule?
The 7 year rule
No tax is due on any gifts you give if you live for 7 years after giving them - unless the gift is part of a trust. This is known as the 7 year rule.
What is the 7 year look back rule?
The FCRA's seven-year rule restricts the reporting of certain types of information for jobs paying less than a minimum salary threshold. Additionally, several states have seven-year restrictions on reporting criminal convictions.
Does your criminal record clear after 7 years?
Some people have the misconception that their criminal record will “clear” after a period of 7 years. This is a misnomer. Although your criminal record does not automatically clear after 7 years, you can take steps to have your case expunged or your record sealed.