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.

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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.

IMPORTANT: While expungement offers many benefits, it does not erase history. Law enforcement, courts, and certain agencies may still access expunged records under specific conditions.
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Who Is Eligible?

Eligibility depends on:

•    Type of offense (arrest, misdemeanor, or felony)
•    Time elapsed since the conviction or sentence
•    Absence of new criminal charges

• Full payment of fines, fees, court costs, and restitution

Each section of IC 35-38-9 governs a different type of record. Below is a breakdown.
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1. Expungement of Arrest Records (IC 35-38-9-1)

You may qualify if:

•    Charges were dropped, dismissed, or no conviction occurred
•    A full acquittal occurred
•    One year has passed since arrest with no charges filed

• Conviction was vacated or later expunged

Disclosure: Law enforcement and courts may retain non-public internal records. You must not be in a diversion program unless the prosecutor allows early filing.
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2. Misdemeanor Convictions (IC 35-38-9-2)

You may petition 5 years after the conviction if:

•    No charges are currently pending
•    No convictions in the last 5 years
•    All fines, fees, and restitution are paid

• Prosecutor consent can reduce this timeline

Exclusions:

• Sex or violent offenders
• 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:

•    No new convictions in that time
•    All obligations from sentencing are fulfilled
•    No charges are pending

• Prosecutor consent can reduce the time

Not Eligible If Convicted Of:

• Violent crimes, sex offenses, perjury, official misconduct, crimes involving bodily injury, or multiple felonies with a deadly weapon
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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:

• No new convictions in 8 years

• All court obligations satisfied

Court discretion applies.

Exclusions mirror above, with the addition of:

• Serious bodily injury
• 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:

• No new convictions in last 10 years
• All obligations paid

• Prosecutor MUST consent in writing

Exclusions:

•    Sex/violent offenders
•    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 must consolidate all petitions from the same county.
• 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

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What Happens After Expungement?

If granted (Misdemeanors and Minor Felonies):

• Records are sealed from public access
• Civil rights (voting, jury service, firearm rights*) are restored

• Employers and landlords may not legally discriminate

If granted (Serious Felonies):

• Records remain public but are marked “expunged”
• Rights restored EXCEPT gun rights in domestic violence cases

• Still count for sentence enhancement in future offenses

*Firearm rights require separate petition if conviction involved domestic violence.
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Disclosures and Limitations

•    Expungement does not erase all traces. Courts, law enforcement, and certain licensing agencies may still access these records.
•    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:

•    All names/aliases
•    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:

•    You acknowledge this document is general guidance and not legal advice.
•    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

1.    Schedule a free case review if you haven’t done so.
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 Law
110 N. Main St.
Columbia City, IN 46725

Phone: 260.244.4422
Website: www.BradBaberAtty.com

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