As the calendar turns to a new year, many of us focus on self-improvement. We make resolutions to get healthier, save money, or learn new skills. But for thousands of Hoosiers, the most impactful change they can make isn’t found in a gym membership or a budgeting app. It lies in the legal system.
If a past mistake is casting a long shadow over your future, seeking a criminal record expungement might be the most valuable gift you give yourself this year. Indiana’s “Second Chance Law” acknowledges that a prior conviction shouldn’t result in a lifetime of barriers. While a criminal record can feel like a permanent weight, the law offers a pathway to seal or mark those records, allowing you to move forward with dignity and new opportunities.
Understanding Indiana’s Second Chance Law
Expungement is the legal process of sealing or limiting public access to your criminal records. In Indiana, the specific term “expungement” can be slightly misleading. It doesn’t physically destroy your records as if they never existed. Instead, it restricts who can see them.
Depending on the severity of the offense, your records are either permanently sealed—meaning they are removed from public access entirely—or marked as “expunged,” remaining visible but clearly signaling that the state considers the debt to society paid. This distinction is crucial because it triggers specific legal protections against discrimination in employment and housing.
Are You Eligible? Breaking Down the Criteria
Indiana Code 35-38-9 establishes strict eligibility requirements based on the type of offense and how much time has passed since the conviction.
Arrest Records (No Conviction)
If you were arrested but never convicted—either because charges were dropped, you were acquitted, or the conviction was overturned—you generally must wait one year from the date of the arrest. You can file sooner if the prosecutor agrees in writing.
Misdemeanors and Level 6 Felonies Reduced to Misdemeanors
For misdemeanor convictions, you must wait five years from the date of conviction. To qualify, you must have no pending charges and no new convictions within that five-year window. You must also have paid all fines, fees, and court costs.
Class D and Level 6 Felonies
For less serious felonies that did not result in bodily injury, the waiting period is eight years from the conviction date. Like misdemeanors, you must have a clean record during this waiting period and have satisfied all financial obligations.
Serious Felonies
For major felonies (Class C or Level 5 and higher) that did not result in serious bodily injury, the waiting period is eight years from conviction or three years from the completion of your sentence, whichever is later.
For serious felonies that did result in serious bodily injury, the bar is higher. You must wait ten years from conviction or five years from sentence completion. Crucially, expungement for these offenses requires the written consent of the county prosecutor.
Ineligible Offenses
Not every record can be expunged. Indiana law currently excludes sex offenses, official misconduct, homicide, and human trafficking from expungement eligibility.
The Life-Changing Benefits of Expungement
Clearing your record is about more than just peace of mind; it has tangible, legal benefits that can improve your quality of life immediately.
Employment Opportunities
Once a record is expunged, it is unlawful for an employer to refuse to hire you, suspend you, or discriminate against you based on that record. On job applications, you can legally answer “no” when asked if you have been convicted of a crime that has been expunged.
Housing Stability
Landlords frequently conduct background checks. A visible criminal record is a common reason for denied rental applications. Expungement removes this barrier, opening doors to better housing options for you and your family.
Restoration of Rights
Expungement restores most civil rights, including the right to vote, hold public office, and serve as a juror. However, it is important to note that expungement alone does not automatically restore firearm rights for domestic violence convictions; that requires a separate legal petition.
Navigating the Expungement Process
The road to expungement involves several procedural steps. While the timeline varies by county, the general process includes:
- Gathering Records: You must identify every arrest and conviction in your history. This includes case numbers, dates of arrest, and dates of conviction. Inaccuracy here can lead to a denial.
- Drafting the Petition: You will file a Verified Petition for Expungement in the county where the conviction occurred. This legal document must meet specific statutory requirements.
- Filing and Fees: You must pay a civil filing fee (unless waived due to indigency) and file the paperwork with the appropriate court.
- Notifying the Prosecutor: You are required to serve a copy of your petition to the county prosecutor.
- The Waiting Game: The prosecutor has 30 days to review your petition and object. If they object, the court may set a hearing where you will need to present evidence supporting your case.
Learn Your Eligibility for Record Expungement in Indiana ✅
Potential Challenges to Watch Out For
While the Second Chance Law is generous, the process is unforgiving of errors.
The “One Chance” Rule
Perhaps the most critical aspect of Indiana expungement law is the lifetime limit. Generally, you can only file for expungement one time in your life. If you have convictions in multiple counties, you must file petitions in all of them within a single 365-day window.
If you expunge a record in Marion County today and realize two years later you forgot a conviction in Hamilton County, you cannot go back and fix it. That second record stays forever.
Outstanding Fees
If you still owe court costs, fines, or restitution, your petition will likely be denied. You must verify that your balance is zero before filing.
Prosecutor Objections
For serious felonies, the prosecutor has significant discretion. They may object based on the nature of the crime or the victim’s input. Negotiating this consent is often a complex legal hurdle.
Why You Should Seek Legal Assistance
Given the stakes—especially the “one time in a lifetime” rule—attempting a “do-it-yourself” expungement is risky. A simple paperwork error or a forgotten ticket from a decade ago can result in a denial or a permanently missed opportunity.
An experienced criminal record expungement attorney acts as your navigator. They can conduct a comprehensive background check to ensure no case is left behind, draft the petition to meet the exact standards of the court, and communicate with the prosecutor to handle objections. When you are asking the court for a fresh start, having a professional advocate ensures you present the strongest possible case.
Embrace Your Second Chance
A past mistake does not have to define your future. Indiana law provides a mechanism for relief because the state recognizes that people can change, grow, and contribute positively to their communities.
If you have served your time, paid your fees, and stayed out of trouble, you have earned the right to move forward. Don’t let fear of the legal process stop you from claiming the clean slate you deserve. Make this year the year you finally leave the past behind.
Your Next Steps
Are you ready to find out if your record qualifies for expungement? Don’t leave your future up to chance. Contact our office today to Schedule a Free Eligibility Review with an experienced expungement attorney in Indianapolis. We will review your history and help you map out your path to a fresh start.
Related Post: Indiana’s Second Chance Law: Offering New Hope for a Fresh Start