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.
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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
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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
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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)
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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:
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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
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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)
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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
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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.
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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
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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.
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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.
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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
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