Indiana Expungement: The Second Chance Law
An old record can block jobs and housing long after a case ends. Indiana's Second Chance Law lets many people seal or erase it, but usually only once.
Key facts
- Law
- Indiana Second Chance Law (IC 35-38-9)
- Arrest/dismissal
- Wait 1 year
- Misdemeanor
- Wait 5 years
- Felony
- 8 years (longer for serious felonies)
A criminal record, even an old arrest that never led to a conviction, can follow you for years, showing up in background checks for jobs, apartments, and loans. Indiana's Second Chance Law (the expungement statute) lets many people seal or expunge those records and lawfully move on. The rules reward careful timing, because most people get only one chance to use it.
What expungement does
Depending on the offense, an Indiana expungement either seals the record from public view or, for arrests without conviction, effectively erases it. Once expunged, Indiana law generally bars employers and landlords from discriminating against you based on the expunged record, and in most situations you may lawfully answer that you have not been convicted of that crime.
The waiting periods
You must wait a set period, measured from the conviction or sentence, before petitioning. In general terms:
| Record type | Typical waiting period |
|---|---|
| Arrest with no conviction (dismissal, acquittal) | 1 year |
| Misdemeanor conviction | 5 years |
| Minor (Class D / Level 6) felony | 8 years |
| More serious felonies | 8 years from conviction, or 3 years after completing the sentence, whichever is later, and the prosecutor must consent |
Certain serious offenses, such as violent crimes, sex offenses, and official corruption, are not eligible at all. The waiting periods above are general; the exact rule depends on your specific offense and date.
The one-time rule
How the process works
- Confirm eligibility and that enough time has passed. You also generally cannot have pending charges, and you must have completed your sentence and paid what you owe.
- File a petition in the county where you were convicted, listing the records to expunge. The Indiana Self-Service Legal Center provides forms and guidance.
- The prosecutor is notified and may object, and for serious felonies must consent.
- The court decides, sometimes after a hearing. For some records, expungement is mandatory if you qualify; for others it is at the court's discretion.
Getting it right
Because of the one-time rule and the eligibility details, many people use a lawyer for expungement even though you can file on your own. If cost is a barrier, some legal-aid programs and clinics assist with expungements, see Find Free Legal Help. A clean, complete petition filed at the right time is the goal, since you generally do not get a second try.
Frequently asked questions
How long do I have to wait to expunge a record in Indiana?
Generally one year for an arrest with no conviction, five years for a misdemeanor, and eight years for most felonies, with serious felonies requiring more time and the prosecutor's consent.
Can I expunge my record more than once in Indiana?
In most cases, no. Indiana generally allows one expungement petition in your lifetime, so all eligible records should usually be handled together.
What does an expungement do in Indiana?
It seals or erases the record, and Indiana law generally prohibits employers and landlords from discriminating based on an expunged record. In most situations you may state you were not convicted of the expunged offense.