The Ultimate 2026 Guide to Expunging a Level 6 or Class D Felony in Indiana
Zach Baber • March 8, 2026
This guide explains how expungement of minor felony convictions works in Indiana, who may qualify, and what happens after a court grants an expungement.

A past criminal conviction can follow someone for years — affecting employment opportunities, housing applications, professional licensing, and personal reputation.
Fortunately, Indiana law allows certain individuals to expunge minor felony convictions, including Level 6 felonies and older Class D felonies.
Rights Restored After Expungement
Indiana law provides important protections once a record is expunged.
For example:
Important Limits to Know
There are several important rules about Indiana expungements.
You Can Usually File Only Once
Indiana law allows a person to file one expungement petition in their lifetime, though petitions from different counties may be filed within the same 365-day period.
Multiple Convictions Must Be Included
If someone wants to expunge multiple convictions from the same county, they must generally be included in one petition.
Plea Agreements Cannot Waive Expungement
Indiana law specifically states that a plea agreement cannot waive a person’s right to seek expungement.
Expungement Can Open Doors
For many people, expungement is about more than clearing a record.
It can help restore opportunities such as:
Considering Expungement in Indiana
Expungement laws contain detailed eligibility rules and procedural requirements. Filing incorrectly can delay or prevent relief.
For individuals with Level 6 or Class D felony convictions, understanding the law and preparing the petition carefully is critical.
At Baber & Baber, P.C., we help individuals evaluate their eligibility and navigate the expungement process under Indiana law.
If you believe you may qualify for expungement and want to understand your options, speaking with an experienced attorney can be an important first step.
Fortunately, Indiana law allows certain individuals to expunge minor felony convictions, including Level 6 felonies and older Class D felonies.
Expungement can be one of the most powerful tools available for people who have moved forward with their lives and want their record to reflect that progress.
What Is Expungement in Indiana?
Expungement is a legal process that allows a court to seal criminal conviction records so they are no longer publicly accessible.
When a record is expunged:
However, certain government agencies and courts may still access the record in limited circumstances.
Which Felonies Can Be Expunged?
Indiana Code IC 35-38-9-3 allows expungement of certain minor felony convictions, including:
Certain convictions are excluded from this expungement section.
For example, expungement is not available under this section for:
Expungement is a legal process that allows a court to seal criminal conviction records so they are no longer publicly accessible.
When a record is expunged:
- Courts seal the records related to the conviction
- Law enforcement agencies restrict release of the records
- The Indiana State Police mark the conviction as expunged in the criminal history repository
However, certain government agencies and courts may still access the record in limited circumstances.
Which Felonies Can Be Expunged?
Indiana Code IC 35-38-9-3 allows expungement of certain minor felony convictions, including:
- Most Level 6 felonies (for offenses committed after June 30, 2014)
- Most Class D felonies (for offenses committed before July 1, 2014)
Certain convictions are excluded from this expungement section.
For example, expungement is not available under this section for:
- Sex or violent offenders
- Felonies that caused bodily injury to another person
- Perjury or official misconduct convictions
- Certain serious violent offenses under Indiana law
- Multiple felonies involving the unlawful use of a deadly weapon in separate incidents
- Public officials convicted of crimes committed while serving in office
Find out if you are eligible by contacting us online here.
When Can a Level 6 or Class D Felony Be Expunged?
In most cases, a person must wait eight years after the date of conviction before filing a petition for expungement.
However, Indiana law allows a shorter waiting period if the prosecuting attorney consents in writing.
Before the court can grant expungement, several requirements must be satisfied.
When Can a Level 6 or Class D Felony Be Expunged?
In most cases, a person must wait eight years after the date of conviction before filing a petition for expungement.
However, Indiana law allows a shorter waiting period if the prosecuting attorney consents in writing.
Before the court can grant expungement, several requirements must be satisfied.
If you want more information about when you may be able to file, check out our other article here.
Requirements for Expunging a Minor Felony in Indiana
The court must find that the person meets the statutory requirements.
Generally, this includes proving that:
Where the Petition Must Be Filed
A petition for expungement must be filed in the court where the conviction occurred.
The petition must include detailed information, such as:
What Happens After a Petition Is Filed?
Once the petition is filed:
What Happens When the Court Grants an Expungement?
When a court grants expungement of a Level 6 or Class D felony, several actions occur.
The court orders multiple agencies to restrict access to the records, including:
After that point, the record generally cannot be released without a court order.
Who Can Still Access Expunged Records?
Even after expungement, some agencies may still access sealed records in limited situations.
These may include:
Requirements for Expunging a Minor Felony in Indiana
The court must find that the person meets the statutory requirements.
Generally, this includes proving that:
- The required waiting period has passed
- No criminal charges are currently pending
- All fines, court costs, and restitution have been paid
- The person has not been convicted of another crime during the waiting period
Where the Petition Must Be Filed
A petition for expungement must be filed in the court where the conviction occurred.
The petition must include detailed information, such as:
- The petitioner’s full legal name and any prior names or aliases
- Date of birth
- Address history
- Case numbers and conviction dates
- A complete list of criminal convictions and related cases
- A statement confirming no pending charges
What Happens After a Petition Is Filed?
Once the petition is filed:
- The prosecuting attorney receives a copy of the petition.
- The prosecutor typically is given 30 days to respond or object.
- If there is no objection, the court may grant the expungement without a hearing.
- If the prosecutor objects, the court will schedule a hearing.
What Happens When the Court Grants an Expungement?
When a court grants expungement of a Level 6 or Class D felony, several actions occur.
The court orders multiple agencies to restrict access to the records, including:
- Courts
- The Department of Correction
- The Bureau of Motor Vehicles
- Law enforcement agencies
- Treatment providers involved in the case
After that point, the record generally cannot be released without a court order.
Who Can Still Access Expunged Records?
Even after expungement, some agencies may still access sealed records in limited situations.
These may include:
- Prosecutors with court authorization
- Defense attorneys with court authorization
- Probation departments preparing a presentence report
- The FBI or Department of Homeland Security
- The Indiana Board of Law Examiners
- Certain mortgage licensing regulators
- Schools evaluating individuals who will have contact with students
Rights Restored After Expungement
Indiana law provides important protections once a record is expunged.
For example:
- Employers generally cannot discriminate based on the expunged conviction
- Individuals may legally answer questions about criminal history as if the conviction did not occur
- Civil rights such as voting, jury service, and holding public office are restored
Important Limits to Know
There are several important rules about Indiana expungements.
You Can Usually File Only Once
Indiana law allows a person to file one expungement petition in their lifetime, though petitions from different counties may be filed within the same 365-day period.
Multiple Convictions Must Be Included
If someone wants to expunge multiple convictions from the same county, they must generally be included in one petition.
Plea Agreements Cannot Waive Expungement
Indiana law specifically states that a plea agreement cannot waive a person’s right to seek expungement.
Expungement Can Open Doors
For many people, expungement is about more than clearing a record.
It can help restore opportunities such as:
- Employment
- Housing
- Professional licensing
- Educational opportunities
Considering Expungement in Indiana
Expungement laws contain detailed eligibility rules and procedural requirements. Filing incorrectly can delay or prevent relief.
For individuals with Level 6 or Class D felony convictions, understanding the law and preparing the petition carefully is critical.
At Baber & Baber, P.C., we help individuals evaluate their eligibility and navigate the expungement process under Indiana law.
If you believe you may qualify for expungement and want to understand your options, speaking with an experienced attorney can be an important first step.
Give us a call for a free records review to determine eligibility at 260.244.4422, or contact us online by clicking here.











