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:

• 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

In most everyday situations, the person can legally be treated as if the conviction never occurred.

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)

When Someone Is Not Eligible for This Type of Expungement

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

Because eligibility rules can be complicated, each case must be evaluated individually.

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.

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:

• 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

If these conditions are met, the court is required to grant the expungement.

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

Indiana law requires that the petition be verified, meaning the petitioner must affirm under oath that the information is accurate.

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.

At the hearing, the petitioner must prove eligibility by a preponderance of the evidence.

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

The Indiana State Police then seal the conviction record in the criminal history database.

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

Outside of these limited situations, the record remains sealed.

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

However, an expunged conviction can still be considered by a court if a person later faces new criminal charges.

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

Most importantly, it allows individuals who have moved forward in life to avoid being permanently defined by a past mistake.

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.