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Informational, not legal advice. Statute citations and eligibility windows reflect research as of the “last verified” date on this page. Always confirm with a licensed attorney in your state of conviction before acting.

Petition Required

Indiana expungement eligibility.

Indiana requires you to file a petition with the court of conviction to seal your record. The eligibility, fee, and form details are below.

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Three actionable artifacts the AI Overview can't reproduce.

Wait periods by offense category

Years required between completion of all sentence requirements and the earliest date relief is available.

Offense categoryWait periodEligible after
Misdemeanor3 yrYear 3 after sentence completion
Non-violent felony7 yrYear 7 after sentence completion
Violent felonyExcluded
Sex offenseExcluded
DUI5 yrYear 5 after sentence completion
Drug offense5 yrYear 5 after sentence completion

Wait periods are counted from the latest of: release from custody, end of probation/parole, or final restitution payment. Statute citation applies. Confirm with a licensed attorney before relying.

Compute your earliest eligible date

Enter your sentence-completion date and offense category to compute the earliest petition date.

Wait-period calculator

Ind. Code § 35-38-9

Enter the date all sentence requirements were fully completed (release date, end of probation, or final restitution payment — whichever is latest). We'll compute the earliest date you can file.

Earliest eligible date: May 4, 2030

About 48 months remaining (wait period: 7 years).

How to file in Indiana

  1. Pull a certified copy of your record from Indiana's criminal history repository.
  2. Confirm restitution and fines are fully paid. Outstanding obligations block almost every petition.
  3. Confirm probation/parole discharge. Get a final discharge letter or a current letter from your supervising officer.
  4. Verify the wait period for your offense (table above) is satisfied.
  5. File the petition at the Indiana Superior / Circuit Court. Filing fee: $156.
  6. Serve the prosecutor with notice of the petition. Most states require this before a judge will rule.
  7. Attend the hearing if the court schedules one. Many uncontested petitions are decided on the papers.

Recent amendments

Major statutory changes affecting record relief in Indiana.

  • 2022

    P.L. 174-2022 (amending IC 35-38-9-1)

    Effective July 1, 2022 for cases charged after that date: dismissal/acquittal expungement is now ordered immediately by the court and takes effect 60 days after dismissal/acquittal, removing the previous one-year wait (prosecutor may request a delay up to one year for good cause).

    Primary source: in.gov
  • 2025

    P.L. 77-2025 (amending IC 35-38-9-0.6)

    Amended supplemental order of expungement provisions, including treatment of certain commercial-motor-vehicle convictions and expanding when a prior expungement order can be supplemented after subsequent law changes.

    Primary source: law.justia.com

Indiana-specific carve-outs

Categories the law treats differently in this state.

  • One-shot lifetime petition rule

    Indiana's Second Chance Act treats the conviction-expungement process as essentially one petition per lifetime — failure to list every eligible conviction in the single petition forfeits relief on the omitted convictions.

    Source: indianalawyer.esq

Common mistakes to avoid

Reasons Indiana petitions get bounced or sealings fail to land.

  • Forgetting to include any eligible conviction in your single lifetime petition forfeits expungement of the omitted case — Indiana has a strict unified-petition rule.
  • Filing in only the county of arrest while convictions exist in multiple counties is a frequent ground for partial denial — the petition must run in every county of conviction within the same 365-day window.

Excluded categories

These categories are typically excluded from petition relief in Indiana based on our research. An attorney may still see options.

  • Sex offenses

    Excluded from automatic and petition relief in nearly every state. A few narrow carve-outs exist for older non-registerable offenses.

    See state-by-state pages
  • Violent felonies

    Generally excluded from automatic Clean Slate sealing; some states allow petition relief after long wait periods.

  • DUI / DWI

    Treatment varies widely. Some states (e.g. Michigan, Virginia) carve out DUIs entirely; others treat them as standard misdemeanors.

  • Pending cases or unpaid restitution

    Most states require all sentence requirements — including restitution to victims — to be fully discharged before the clock starts.

  • Federal convictions

    Federal expungement is functionally non-existent. There is no statutory federal expungement remedy for most offenses.

Related reading

Indiana form checklist

What to assemble before you file. The petition gets bounced for missing items more than any other reason — work through this list end-to-end.

  • Certified copy of your record from the state repository ($15–$30).
  • Final probation/parole discharge letter or current supervisor letter.
  • Restitution-paid confirmation from the court ledger or DA.
  • The petition form (state-specific — see court website).
  • Proposed order for the judge to sign.
  • Fee waiver application if income qualifies.
  • Notice to the District Attorney with proof of service.
  • Filing fee: $156.

Find an expungement attorney in Indiana

Tell us your state and offense category and we'll match you with a vetted expungement attorney through our partner network. Most local firms offer free 15-minute consultations.

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