Indiana Expungement: The Second Chance Law and How to Use It
Indiana's Second Chance Law (IC 35-38-9) lets most people expunge convictions after 5–8 years. Employers who violate the law face civil penalties. Here's how to file.
Indiana calls its expungement law the Second Chance Law. That name was chosen deliberately. The legislature wanted people to know that a past conviction does not have to define the rest of their life. Indiana's law is notable for something most states do not have: civil penalties for employers, landlords, and licensing boards that discriminate based on an expunged record. If someone violates your expungement rights in Indiana, they can be sued. This guide explains who qualifies, how long you have to wait, and how to use the law.
This is not legal advice.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
Indiana's anti-discrimination rule — stronger protection than most states
In most states, expungement clears a record — but employers can still legally ask about it, and there is no clear enforcement mechanism if they discriminate. Indiana is different.
Under IC 35-38-9-10, once a record is expunged in Indiana:
- Employers, landlords, and professional licensing boards may not ask about, refer to, or consider the expunged conviction in any application or decision
- A person with an expunged record may legally state that they were not arrested, charged, or convicted of the expunged offense — even under oath on most applications
- If someone violates this — if an employer discriminates based on an expunged record — the person with the expunged record can bring a civil action for damages
This is a meaningful protection. It means Indiana expungement creates enforceable rights, not just a technical change to a government database.
The one-petition rule — you generally get one shot
Before we get into the details, there is one rule about Indiana expungement that people often miss: you generally get one petition per court. Indiana law provides that if you file a petition for expungement and it is granted, you cannot file another petition in the same court. You have one opportunity.
Additionally, there must be at least one year between any two expungement petitions in different courts. This is relevant if you have convictions in multiple counties — you need to coordinate your petitions carefully.
What this means practically: include everything you want expunged when you file. If you have multiple misdemeanor convictions in the same court, include them all in one petition. Leaving something out and trying to come back later may not be possible.
Who qualifies — and who does not
May qualify
- Arrests with no conviction — after 1 year from arrest date
- Most misdemeanor convictions — after 5 years from conviction date
- Class D / Level 6 felony convictions — after 8 years from conviction date
- Class C, B, A felonies / Level 1–5 felonies — after 8 years, with prosecutor consent or court order
- Convictions involving marijuana (most possession offenses)
- First-time offenders with most non-violent charges
Generally does not qualify
- Sex offenses requiring registration on the Sex Offender Registry
- Serious violent felonies: murder, voluntary manslaughter, kidnapping, rape
- Official misconduct (crimes by public officials in office)
- Any conviction where you received a sentence of more than 10 years — requires prosecutorial consent
- Any new convictions within the waiting period — clock resets
- Offenses where all fines, fees, and restitution are not paid
Level 1–5 felonies and Class A, B, C felonies can be expunged in Indiana, but they require the prosecutor to consent or for a court to order expungement over the prosecutor's objection. This is a higher bar. If you have a serious felony, getting legal help is strongly recommended.
How long you have to wait
Indiana's waiting periods run from the date of conviction — not the end of your sentence, not your release from probation, and not any other date. For most states, the clock starts at sentence completion. In Indiana, the clock starts the day you were convicted.
Waiting Periods
The clock starts on the date shown below — not your arrest date.
Misdemeanor conviction
Clock starts: Date of conviction
All fines, fees, and court costs must be paid before or at the time of filing.
Class D / Level 6 felony (lowest felony tier)
Clock starts: Date of conviction
No new convictions during the waiting period. All financial obligations paid.
Class C, B, A felony / Level 1–5 felony
Clock starts: Date of conviction
Requires prosecutorial consent or court order. Prosecutor can object. Hearing may be required.
Arrests with no conviction (charges dismissed or dropped)
Clock starts: Date of arrest
Or immediately if charges were never filed. Can also petition right after acquittal.
The filing process, step by step
Indiana expungement petitions are filed in the court where you were convicted. If you have convictions in multiple courts, you file a separate petition in each one. Most people navigate this process without an attorney, though the paperwork requires care.
How to file for expungement in Indiana
- 1
Get your Indiana criminal history
1–2 weeks$16.32Request your official criminal history from the Indiana State Police (ISP). This record shows every arrest and conviction in Indiana and confirms your charge classifications. Order at in.gov/isp or visit an ISP post in person.
Online orders are faster. You will need a credit or debit card. The record shows the exact offense classification — Class D vs. Class C felony matters for your waiting period.
- 2
Pull your court records
1–5 days$1 per page (certified copies)Get certified copies of your court records from the clerk of the court where you were convicted. You need the judgment, sentencing order, and any probation completion documents. Indiana courts are searchable at mycase.in.gov.
- 3
Confirm all financial obligations are paid
Before filingDepends on what is owedIndiana requires that all fines, fees, court costs, and any other financial obligations from the conviction are paid before or at the time you file. The court will check. Unpaid obligations are the most common reason petitions are denied.
Call the clerk's office and ask for a printout of any remaining balances on your case. Pay everything and get a receipt before you file.
- 4
Prepare the petition for expungement
1–2 hoursFree (or attorney fees if you hire help)Indiana does not have a single statewide form — each court has its own format, or you can draft the petition yourself following the requirements in IC 35-38-9. The petition must state: your name, date of birth, case number, the offense, the conviction date, and that you have no new convictions since the waiting period started.
Many Indiana county courts have self-help form packets available. Call the clerk's office and ask if they have an expungement petition template.
- 5
File in the court of conviction
1 hour$156.50 in most Indiana courts (set by statute)File your petition with the clerk of the court where you were convicted. If your conviction was in multiple courts, you may need to file in each court. Pay the filing fee at this step.
If the filing fee is a hardship, ask about a fee waiver. Indiana courts can waive fees for people with income at or below 150% of the federal poverty level.
- 6
Prosecutor notification and review period
30 days for feloniesFreeFor felony expungements, the prosecutor in the county of conviction must be notified and has 30 days to object or consent. For misdemeanors, the court may act more quickly. If the prosecutor consents, the court may grant the petition without a hearing.
- 7
Hearing (if required)
30–60 minutesFree (attorney fees if you hire one)If the prosecutor objects or the judge wants to hear more, a hearing is scheduled. For Class C felonies and above, a hearing is more likely. Bring documentation of your rehabilitation: employment records, letters of support, completion certificates for any programs.
Indiana law requires courts to consider your conduct since the conviction, your current situation, and whether expungement is in the public interest. Showing stability and rehabilitation matters.
- 8
Order is entered — notify agencies
30 days after orderFreeWhen the judge signs the expungement order, the court sends copies to the Indiana State Police, the arresting agency, and each agency listed on the petition. ISP updates the state criminal history within 30 days. You will receive a certified copy of the order.
Private background check companies may not update automatically. Send a certified copy of the order and request removal. If they fail to update within a reasonable time, you can file a complaint with the Indiana Attorney General.
What to bring when you file
- Completed expungement petition with your case information
- Indiana State Police criminal history record ($16.32 from in.gov/isp)
- Certified copies of court records: judgment of conviction, sentencing order
- Proof that all fines, fees, and court costs are paid (payment receipts or clerk printout showing $0 balance)
- If on probation, documentation that probation is complete
- Government-issued photo ID
- Filing fee ($156.50 in most courts) or completed fee waiver application
- Two copies of everything — one for the court, one for yourself
Unpaid fees are the single most common reason Indiana expungement petitions are denied. Confirm your balance is zero before you file.
What expungement actually does — and what it does not
- The conviction is removed from public court records — standard background checks will not show it
- The Indiana State Police criminal history is updated to reflect the expungement
- You may legally state you were not arrested or convicted on most applications
- Employers, landlords, and most licensing boards cannot consider the expunged conviction
- Civil penalties available if someone discriminates based on the expunged record
- Certain professional licenses may be reinstated (law, medical, other licensed professions — check with the specific board)
Indiana expungement creates real legal protections. If a covered entity discriminates based on an expunged record, you have grounds for a civil lawsuit.
- Federal records are not affected — FBI databases are separate from Indiana state records
- Federal employment and federal contractor positions may still require disclosure
- Federal firearms rights are not automatically restored by Indiana expungement — a separate federal process applies for felonies
- Sex offender registration obligations are not eliminated by expungement for sex offenses
- Certain professional licenses and public offices may still require disclosure — check with the specific licensing board
- Private background check companies may lag — send the order directly and request removal
- Immigration consequences are not resolved by expungement — consult an immigration attorney
Free legal help in Indiana
- Indiana Legal Services — free civil legal help statewide: indianalegalservices.org or 1-800-869-0212
- Neighborhood Christian Legal Clinic — free legal services in Indianapolis metro: nclegal.org
- Indiana Bar Foundation Pro Bono Center: probono.net/in — connects to pro bono attorneys
- Indiana Courts Self-Service Center: in.gov/courts/selfservice — forms and instructions
- Indiana State Bar Association Lawyer Referral Service: inbar.org — reduced-fee consultations
- Volunteers in Medicine Indiana: vimi.org — if health issues are connected to your situation
Indiana Legal Services has income eligibility limits. Apply as early as possible as there may be waitlists.
One last thing — include everything in your petition
Because Indiana limits you to one petition per court, take time before you file to inventory every conviction and arrest you want cleared. Talk to the clerk's office or an attorney to make sure you are not forgetting anything. The Second Chance Law was designed to give people a genuine fresh start — but only if you use it carefully and include everything eligible the first time.
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