Your Indiana Expungement Guide
Zach Baber • May 22, 2025
Your Indiana Expungement Guide
Last Updated: 5/22/2025
NOTE: This is for informational purposes only. This is not intended and meant to be taken as legal advice.
________________________________________What Is Expungement?
Expungement is a legal process that seals or marks certain criminal records so they are not available to the public. It allows qualifying individuals to move forward in life without the burden of a past criminal record affecting their employment, housing, or personal reputation.
________________________________________
Who Is Eligible?
Eligibility depends on:
• Time elapsed since the conviction or sentence
• Absence of new criminal charges
• Full payment of fines, fees, court costs, and restitution
________________________________________
1. Expungement of Arrest Records (IC 35-38-9-1)
You may qualify if:
• A full acquittal occurred
• One year has passed since arrest with no charges filed
• Conviction was vacated or later expunged
________________________________________
2. Misdemeanor Convictions (IC 35-38-9-2)
You may petition 5 years after the conviction if:
• No convictions in the last 5 years
• All fines, fees, and restitution are paid
• Prosecutor consent can reduce this timeline
Exclusions:
• Multiple felony convictions involving deadly weapons (not part of the same episode)
________________________________________
3. Minor Felonies (Class D / Level 6 not reduced) (IC 35-38-9-3)
You may petition 8 years after the conviction if:
• All obligations from sentencing are fulfilled
• No charges are pending
• Prosecutor consent can reduce the time
Not Eligible If Convicted Of:
________________________________________
4. Other Less Serious Felonies (IC 35-38-9-4)
Eligible after 8 years from conviction or 3 years from sentence completion (whichever is later), with:
• All court obligations satisfied
Court discretion applies.
Exclusions mirror above, with the addition of:
• Felony death cases
________________________________________
5. Serious Felony Convictions (IC 35-38-9-5)
Eligible after 10 years from conviction or 5 years from sentence end with:
• All obligations paid
• Prosecutor MUST consent in writing
Exclusions:
• Felony death or serious injury crimes
• Official misconduct
• Certain listed crimes (e.g., homicide, trafficking, sex offenses)
________________________________________
Petition Timing Limits & Restrictions (IC 35-38-9-8 & 9)
• You can only file once per lifetime, unless:
- A petition was denied and refiled for convictions not previously granted (after 3 years if denied under discretionary sections)
- A court permits an amendment due to good faith/excusable neglect
What Happens After Expungement?
If granted (Misdemeanors and Minor Felonies):
• Civil rights (voting, jury service, firearm rights*) are restored
• Employers and landlords may not legally discriminate
If granted (Serious Felonies):
• Rights restored EXCEPT gun rights in domestic violence cases
• Still count for sentence enhancement in future offenses
________________________________________
Disclosures and Limitations
• Expungement does not stop federal reporting (e.g., CDL violations, mortgage licensing).
• Expunged convictions may still affect sentencing in future cases.
• Expungement does not affect immigration consequences.
• You must answer questions truthfully. You may deny expunged convictions on most applications—but always read the question carefully.
• Expungement does not apply to federal convictions.
________________________________________
Required Information to File
Each petition must include:
• DOB and addresses since conviction
• SSN and driver’s license #
• Case numbers and conviction dates
• A statement confirming eligibility
• Payment of the civil filing fee unless waived
• Prosecutor’s consent if required
________________________________________
Notice and Disclaimer
By receiving this guide:
• Each expungement is case-specific. Outcomes are not guaranteed.
• Eligibility does not guarantee approval.
• You are responsible for providing accurate, complete information.
• Misstatements may result in denial or inability to refile.
________________________________________
Next Steps
2. If eligible, we will send you an engagement letter for signature, a link for payment, and a list of the next steps.
3. You may or may not need to attend a hearing.
________________________________________
Contact Us
Call 260.244.4422 and ask for Zach
Or, click here
to learn about our Clean Slate Package and free case review.
Baber & Baber, P.C.
Attorneys At Law110 N. Main St.
Columbia City, IN 46725
Phone: 260.244.4422
Website: www.BradBaberAtty.com
Learn when you can seal your criminal record in Indiana, including waiting periods for arrests, misdemeanors, and felonies.
Wondering if your Level 6 felony can be reduced to a misdemeanor in Indiana? Learn how alternative misdemeanor sentencing works and when it applies.
Learn how to request a bond reduction in Indiana under IC 35-33-8-5, what counts as “good cause,” and when a judge may deny or lower your bail.
Not sure what to wear to your first court date in Columbia City? Here's what to avoid and how to make the right first impression in Indiana courts.
Worried about jail at your first court date? Learn how to avoid custody at your initial hearing in Indiana by following 5 practical steps.
Learn how speaking to police in Indiana, even when you're innocent, can impact your case. Know your rights before you talk. Protect your future.
Learn when to contact a criminal defense attorney in Columbia City, Indiana - whether you're arrested, charged, or just being questioned by police.
Facing a first DUI in Warsaw, IN? Baber & Baber, P.C. DUI Attorney can help. Call (260) 244-4422 or click here to protect your future.
Learn how a criminal record can impact your job search in Indiana. Understand background checks, hiring rules, and options like expungement.
Learn the difference between a misdemeanor and a felony in Indiana, including penalties, long-term impact, and what to expect in Columbia City courts.
