A criminal record can continue affecting a person’s life long after a case has been resolved. Employment opportunities, housing applications, professional licensing, educational opportunities, and even volunteer activities may be impacted by information that remains publicly accessible.

Fortunately, Indiana provides a legal process that allows certain criminal records to be sealed from public view through expungement.

For individuals with Indiana criminal records, understanding Indiana’s expungement laws can be an important step toward moving forward after a criminal matter has been resolved. We assist clients seeking expungement of criminal records in Hamilton County, Noblesville, Carmel, Fishers, Westfield, Indianapolis, the northside of Marion County, and several areas throughout the state.

While expungement is often referred to as Indiana’s “Second Chance Law,” not everyone qualifies, and eligibility depends upon several factors, including the type of offense, the outcome of the case, and the amount of time that has passed since the matter was completed.

 

What Is an Expungement?

An expungement is a legal process that allows eligible individuals to request that certain criminal records be sealed from public access.

While expungement does not erase history or make a criminal case disappear entirely, it can significantly limit who can view those records.

Depending on the circumstances, expungement may help reduce barriers related to:

• Employment opportunities
• Housing applications
• Professional licensing
• Educational opportunities
• Background checks
• Personal reputation

For many individuals, obtaining an expungement can provide a meaningful opportunity to move forward without a past mistake continuing to create obstacles.

 

What Types of Records May Qualify?

Indiana’s expungement laws are detailed and highly dependent upon the specific circumstances of each case.

Potentially eligible records may include:

• Arrest records
• Charges that were dismissed
• Cases resulting in acquittal
• Certain misdemeanor convictions
• Certain felony convictions
• Some juvenile matters
• Records of collateral actions that are factually or legally related to the criminal charges and proceedings

However, eligibility requirements vary significantly depending on the type of offense involved.

The waiting period, filing requirements, and manner of expungement often differ based upon the level of offense and the disposition of the case.

There are additional limitations regarding how many expungements can be requested and the timing of requests in multiple counties. You should consult with an attorney before initiating any expungement proceeding.

 

Expungement of Arrests and Cases That Did Not Result in Conviction

Individuals who were arrested but never convicted may have options for expungement.

This can include situations where:

• Charges were never filed
• Charges were dismissed
• The individual was found not guilty

For many people, removing records associated with an arrest that never resulted in a conviction can be particularly important when seeking employment or housing opportunities.

 

Expungement of Misdemeanor Convictions

Many misdemeanor convictions may qualify for expungement under Indiana law.

Examples may include certain:

• Driving-related offenses
• Property crimes
• Disorderly conduct offenses
• Other misdemeanor criminal matters

Eligibility generally depends on factors such as:

• Completion of all sentencing requirements
• Payment of fines and fees
• Passage of the required waiting period
• Absence of disqualifying circumstances

Every case should be evaluated individually.

 

Expungement of Certain Felony Convictions

Some felony convictions may also qualify for expungement.

However, felony expungements often involve additional requirements and longer waiting periods.

Certain felony offenses may never qualify for expungement under Indiana law.

Because felony expungement eligibility can be complex, individuals should carefully review their circumstances with experienced legal counsel before assuming they do or do not qualify.

 

Timing Matters

One of the most important factors in determining expungement eligibility is time.

Indiana law generally requires specific waiting periods before an expungement petition can be filed.

These waiting periods vary depending upon:

• Whether there was a conviction
• The level of offense
• The outcome of the case
• Completion of sentencing requirements

Filing too early can create unnecessary delays and complications.

Understanding the appropriate timing can help improve the likelihood of a successful petition.

 

Why Expungement Matters

Many individuals are surprised to learn how frequently criminal records appear during routine background checks.

Even relatively old offenses may continue to appear years later.

This can create challenges when pursuing:

• New employment opportunities
• Professional licenses
• Educational programs
• Housing applications
• Volunteer positions
• Business opportunities

For residents of Hamilton County and the Indianapolis metropolitan area, where many employers conduct extensive background screening, expungement may provide an opportunity to reduce barriers that could otherwise limit future opportunities.

 

Expungement and Driver’s License Issues

Many individuals are unsure how past criminal or traffic-related matters may affect their future.

Certain driving-related offenses may have implications beyond criminal court proceedings.

Additionally, some individuals seeking expungement may also be dealing with driver’s license suspensions, Specialized Driving Privileges issues, or other administrative concerns.

An expungement proceeding will not solve those issues, but a comprehensive review of a person’s record can help identify remedies or potential challenges.

 

Common Misconceptions About Expungement

Several misconceptions frequently arise regarding Indiana expungement law.

“Everyone Qualifies.”

Not necessarily.

Eligibility depends upon the offense, outcome, and other statutory requirements.

“Expungement Erases Everything.”

Expungement limits public access but does not eliminate records, may not seal all records under every circumstance, and does not eliminate the conviction itself.

“I Can File Anytime.”

Indiana law imposes waiting periods that must generally be satisfied before filing.

“Old Cases No Longer Matter.”

Many employers, landlords, and licensing boards continue to review historical records through background checks.

 

Why Legal Guidance Can Be Valuable

Indiana’s expungement statutes contain detailed eligibility requirements and procedural rules.

Even when someone appears eligible, filing errors or incomplete petitions can delay the process.

An experienced attorney can help:

• Evaluate eligibility
• Review criminal history
• Identify potential obstacles
• Prepare required filings
• Navigate court procedures
• Maximize the likelihood of success

 

A Second Chance May Be Available

For many individuals throughout Noblesville, Hamilton County, Carmel, Fishers, Westfield, Indianapolis, and the northside of Marion County, expungement may provide an opportunity to move forward with greater confidence and fewer barriers.

Every situation is unique, and eligibility depends upon the specific facts of each case.

For 100 years, Boje, Benner, Becker, Markovich, & Hixson, LLP has helped individuals throughout Central Indiana navigate complex legal matters.

If you have questions regarding Indiana expungement law, criminal defense matters, or driver’s license issues, our team is here to help determine whether you may qualify for relief under Indiana law.