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Expungement, sealing, or marked as expunged in Indiana

Can I clear my record in Indiana?

Indiana's main remedy is expungement: arrests and charges that did not lead to a conviction can be expunged, and for cases charged since July 1, 2022 many dismissals and acquittals are expunged automatically.

Limited automatic clearing

How did your case end?

Pick the one that matches. We'll show the routes Indiana law offers for it, with the wait and the cost.

Pick an answer above to see your routes, waits and costs.

At a glance

Most convictions can be expunged by petition after 5 years (misdemeanors), 8 years (most felonies) or 10 years (serious felonies, with the prosecutor's consent); for higher-level felonies you must also be 3 or 5 years past the end of your sentence, and you need a conviction-free period of the same length and all fines, fees and restitution paid. Adults generally get only one conviction petition in a lifetime, so every conviction has to be included. Misdemeanor and lower-level felony records are sealed; more serious felony records stay public but are marked as expunged.1,2,3,4

Checked October 21, 2026 against 27 sources, starting with Indiana law, then by a second reader.

What it's called
Expungement, sealing, or marked as expunged1,2,3
Automatic clearing
Limited, since July 1, 20221,2,16
DUI or DWI
Can be cleared5,17,18
Filing fee
$0 to $1571,2,3
Fee waiver
Available1,2,3

Expungement

Expungement of arrests and charges without a conviction

Information about the arrest, charge or juvenile allegation may not be placed or kept in the state central criminal history repository or in local, regional or statewide law enforcement criminal history systems. Court records (trial court, juvenile court, Court of Appeals and Supreme Court) are redacted or permanently sealed from public access, and appellate opinions naming the person are redacted online. The records are not destroyed: they stay available to courts and criminal justice agencies for official duties. If the person later sues over matters the expunged records would address, the defendant is presumed to have a complete defense (IC 35-38-9-1(h)-(k)).1,2,3

What it's for: Arrests, criminal charges and juvenile delinquency allegations that did not end in a conviction or adjudication (an infraction adjudication does not count), and convictions later vacated.

Who can use it

  • The arrest, charge or allegation did not result in a conviction or juvenile adjudication, even if it resulted in an infraction adjudication, or a conviction or adjudication was later vacated (IC 35-38-9-1(a)).
  • You are not currently in a pretrial diversion program, unless the prosecutor authorizes the petition (IC 35-38-9-1(a)). The Indiana Office of Court Services says this diversion rule took effect July 1, 2022.
  • No criminal charges are pending against you (IC 35-38-9-1(c), (g)).
  • There is no lifetime limit on these petitions; the one-petition rule applies only to conviction expungements (IC 35-38-9-9(i); Indiana Office of Court Services).

What doesn't qualify

  • Anyone currently in a pretrial diversion program without the prosecutor's authorization (IC 35-38-9-1(a)).
  • Anyone with charges pending (IC 35-38-9-1(g)).

How long you have to wait

RecordWaiting period
Arrest, charge or juvenile allegation that did not end in a conviction (petition)1 year after the latest of the arrest, charge or allegationThe prosecutor can agree in writing to an earlier date (IC 35-38-9-1(d)).
Conviction or adjudication later vacated1 year after the opinion vacating it becomes finalIC 35-38-9-1(d)
Arrest after June 30, 2022 with no charges filed1 year after the arrestIf no charges are pending, the judge must immediately order expungement. This does not shorten the statute of limitations, and a prosecutor can still file charges later (IC 35-38-9-1(c)).
Charges dismissed, acquittal, or conviction later vacated (charged after June 30, 2022)Automatic; the order takes effect no earlier than 60 days after the dismissal or acquittalOn the prosecutor's motion, the court may delay it for up to one year if specific facts justify the delay (IC 35-38-9-1(b)).

Some records clear automatically. For people charged or alleged delinquent after June 30, 2022, the court must order expungement on its own when it dismisses all charges, when the defendant is acquitted of all charges, or when a conviction is later vacated. The order cannot take effect earlier than 60 days after the dismissal or acquittal, and the prosecutor can ask for a delay of up to one year (IC 35-38-9-1(b)). Older cases, and arrests with no charges filed, need a petition.

How to apply

  1. Look up your case on mycase.in.gov, or get a criminal history report if the case is older (Indiana Legal Services).
  2. Fill out the Nonconviction Petition and Order and any insert form from Indiana Legal Help. The petition must be verified and list the dates, counties, agencies, court, case numbers, any other names you have used, your date of birth, driver's license number and Social Security number (IC 35-38-9-1(e)).
  3. File it in a circuit or superior court in the county where the charges were filed, or in the county of arrest if no charges were filed (IC 35-38-9-1(e)).
  4. The court serves a copy on the prosecutor. The court must grant the petition unless you don't meet the conditions or charges are pending (IC 35-38-9-1(f), (g)).
Where to file
A circuit or superior court in the county where charges were filed, or where you were arrested if no charges were filed (IC 35-38-9-1(e)).
Cost
No filing fee for these petitions (IC 35-38-9-1; Indiana Office of Court Services). Getting a criminal history report may cost a small fee (Indiana Legal Services).

Official forms

Expungement

Expungement of misdemeanor and Level 6 / Class D felony convictions (records sealed)

The court orders the Department of Correction, the Bureau of Motor Vehicles and any agency that prosecuted, held or treated you not to release the records without a court order, except to law enforcement acting in official duties. The State Police seal the conviction in the central repository. Sealed records can still go to prosecutors, defense lawyers and probation (with a court order), the FBI and Homeland Security under information-sharing agreements, the Indiana Supreme Court and Board of Law Examiners for bar admission, people complying with the S.A.F.E. Mortgage Licensing Act, the BMV and federal commercial-driver systems where federal law requires, and schools hiring staff, volunteers or contractors who will have contact with students. Court records are permanently sealed (IC 35-38-9-6). You are treated as if you had never been convicted, except that the conviction can be used in sentencing and as a prior conviction if you are later convicted of a new crime (IC 35-38-9-10(e)). Expunging a domestic violence conviction does not restore firearm rights; those can be restored only under IC 35-47-4-7 (IC 35-38-9-6(f)).5,6,7

What it's for: Misdemeanor convictions, Class D or Level 6 felonies reduced to misdemeanors, and Class D or Level 6 felonies that did not cause bodily injury.

Who can use it

  • Misdemeanor convictions, and Class D (crime before July 1, 2014) or Level 6 (crime after June 30, 2014) felonies that were reduced to a misdemeanor (IC 35-38-9-2(a)).
  • Class D or Level 6 felony convictions that were not reduced to a misdemeanor (IC 35-38-9-3(a)).
  • The court must find that the waiting period has passed, no charges are pending, you have paid all fines, fees and court costs and satisfied any restitution, and you have no conviction in the previous 5 years (misdemeanors) or 8 years (Level 6 / Class D felonies). If it finds all of these, the court 'shall order' the records expunged (IC 35-38-9-2(e), 35-38-9-3(e)).
  • One petition per lifetime: put every conviction from the same county in one petition, and file in each county where you have a conviction. Petitions in different counties count as one if all are filed within one 365-day period (IC 35-38-9-9(h), (i)).

What doesn't qualify

  • Sex or violent offenders as defined in IC 11-8-8-5 (IC 35-38-9-2(b), 35-38-9-3(b)).
  • Anyone convicted of two or more felonies involving unlawful use of a deadly weapon that were not part of the same episode of criminal conduct (IC 35-38-9-2(b), 35-38-9-3(b)).
  • For Level 6 / Class D felonies only: a felony that resulted in bodily injury, perjury, official misconduct, offenses under IC 35-42-1 (homicide), IC 35-42-3.5 (human trafficking) or IC 35-42-4 (sex crimes), and elected officials or judicial officers convicted while in office or running for office (IC 35-38-9-3(b)). Some of these may qualify under the felony 'marked as expunged' route instead.
  • Anyone with charges pending, a conviction during the look-back period, or unpaid fines, fees, court costs or restitution (IC 35-38-9-2(e), 35-38-9-3(e)).

How long you have to wait

RecordWaiting period
Misdemeanor, or Class D / Level 6 felony reduced to a misdemeanor5 years from the date of convictionYou must also have no conviction in the previous 5 years. The prosecutor can agree in writing to a shorter period (IC 35-38-9-2(c), (e)).
Class D / Level 6 felony (not reduced)8 years from the date of convictionYou must also have no felony or misdemeanor conviction in the previous 8 years. The prosecutor can agree in writing to a shorter period (IC 35-38-9-3(c), (e)).
After a denialYou may refile for the convictions in the first petitionYou cannot add convictions that were left out unless the court finds good faith, excusable neglect and that it serves justice (IC 35-38-9-9(j), (k)).

How to apply

  1. Find every conviction in every county. Recent cases are on mycase.in.gov; older ones may need a criminal history report. Wait until you meet the waiting period for all of your convictions, because you generally get one petition (Indiana Legal Services; IC 35-38-9-9).
  2. Contact the clerk in each county to find out whether you owe fines, fees, costs or restitution, since all must be paid (Indiana Legal Services; IC 35-38-9-2(e)).
  3. Fill out the Conviction Petition and Order and the insert for each type of conviction (Section 2 for misdemeanors, Section 3 for Level 6 / Class D felonies) from Indiana Legal Help. The verified petition must list all your names, addresses since the offense, case numbers, all convictions, your Social Security and driver's license numbers, and affirm that no charges or investigations are pending (IC 35-38-9-8(b)).
  4. File in a circuit or superior court in the county of conviction, pay the civil filing fee or ask for a fee waiver, and serve the prosecutor (IC 35-38-9-8(d), (e)).
  5. The prosecutor has 30 days to respond; if it doesn't, any objection is waived. With no objection, the court may grant the petition without a hearing. If the prosecutor objects, the court sets a hearing no sooner than 60 days after service, and a victim may give a statement (IC 35-38-9-8(g), 35-38-9-9).
Where to file
A circuit or superior court in the county of conviction; a separate petition in each county (IC 35-38-9-2(d), 35-38-9-9(h)).
Cost
You pay the civil filing fee (IC 35-38-9-8(d)). Indiana Legal Help lists the civil filing fee as $157 to start a new case ($185 if you want the sheriff to serve papers), and the Monroe County Clerk lists $157 for civil cases. No source we found gives an expungement-specific amount, and some civil case types cost more, so confirm the amount with the county clerk. Criminal history reports may cost extra (Indiana Legal Services).
If you can't pay
You can ask to file without paying. The court may reduce or waive the filing fee if you are indigent (IC 35-38-9-8(d)). Indiana Legal Help's filing fee page explains how to ask for a fee waiver. Separately, unpaid fines, fees, costs or restitution block eligibility; Indiana Legal Services says a judge can waive court debt you cannot afford and that it may help with that process.
Court hearing
Sometimes

Official forms

Expungement

Expungement of other felony convictions (records marked as expunged)

Court and other public records about the arrest, conviction and sentence stay public, but are 'clearly and visibly marked or identified as being expunged.' The State Police, the BMV and other law enforcement agencies add a notation to your criminal history record. The BMV can still report traffic convictions to the federal Commercial Driver's License Information System when federal law requires (IC 35-38-9-7). You are considered to have had the records expunged for all purposes other than how the records are handled (IC 35-38-9-4(e), 35-38-9-5(e)), and the anti-discrimination and job-application protections of IC 35-38-9-10 apply.12,13,14

What it's for: Felonies that can't be expunged as a Level 6 / Class D felony, including higher-level felonies and, with prosecutor consent, felonies that caused serious bodily injury.

Who can use it

  • Felony convictions that are not eligible under IC 35-38-9-3, such as Class A-C or Level 1-5 felonies (IC 35-38-9-4(a)).
  • Felonies that resulted in serious bodily injury, felonies by elected officials or judicial officers (other than official misconduct), and official misconduct by someone who is not an elected or judicial official may be expunged only under IC 35-38-9-5, which requires the prosecutor's written consent (IC 35-38-9-5(a), (e)). The official-misconduct path took effect July 1, 2025 (S.E.A. 281, P.L. 77-2025).
  • The court must find that the waiting period has passed, no charges are pending, you have paid all fines, fees, court costs and restitution, and you have no conviction in the previous 8 years (IC 35-38-9-4) or 10 years (IC 35-38-9-5).
  • Even if you meet every condition, the court 'may' grant it: relief under these sections is discretionary (IC 35-38-9-4(e), 35-38-9-5(e)).
  • The one-petition-per-lifetime and one-petition-per-county rules apply (IC 35-38-9-9(h), (i)).

What doesn't qualify

  • Sex or violent offenders as defined in IC 11-8-8-5 (IC 35-38-9-4(b), 35-38-9-5(b)).
  • A felony that resulted in another person's death (IC 35-38-9-4(b), 35-38-9-5(b)).
  • Offenses under IC 35-42-1 (homicide, including attempted murder), IC 35-42-3.5 (human trafficking) or IC 35-42-4 (sex crimes), including attempts (IC 35-38-9-4(b), 35-38-9-5(b)).
  • Two or more felonies involving unlawful use of a deadly weapon that were not part of the same episode of criminal conduct (IC 35-38-9-4(b), 35-38-9-5(b)).
  • Unlawful possession of a firearm by a serious violent felon (IC 35-47-4-5) (IC 35-38-9-4(b), 35-38-9-5(b)).
  • Official misconduct by an elected official or judicial officer while serving or running for office (IC 35-38-9-5(b)).

How long you have to wait

RecordWaiting period
Felony under IC 35-38-9-4 (no serious bodily injury)The later of 8 years from conviction or 3 years from completing the sentenceNo conviction in the previous 8 years. The prosecutor can agree in writing to a shorter period (IC 35-38-9-4(c), (e)).
Felony under IC 35-38-9-5 (including serious bodily injury)The later of 10 years from conviction or 5 years from completing the sentenceNo conviction in the previous 10 years, and the prosecutor's written consent is required (IC 35-38-9-5(c), (e)).
After a denial based on the court's discretion3 years from the date of the denialIC 35-38-9-9(j)

How to apply

  1. Follow the same steps as for misdemeanor and Level 6 petitions: one verified petition per county listing every conviction, filed in the county of conviction and served on the prosecutor (IC 35-38-9-8, 35-38-9-9).
  2. Use the Section 4 insert from Indiana Legal Help for these felonies.
  3. For a petition under IC 35-38-9-5, get the prosecutor's written consent and attach a copy (IC 35-38-9-8(b)).
  4. The prosecutor must notify the victim, who may give a statement at any hearing (IC 35-38-9-8(f), 35-38-9-9).
Where to file
A circuit or superior court in the county of conviction (IC 35-38-9-4(d), 35-38-9-5(d)).
Cost
The civil filing fee applies (IC 35-38-9-8(d)); Indiana Legal Help lists it as $157. Confirm with the county clerk.
If you can't pay
You can ask to file without paying. The court may reduce or waive the filing fee if you are indigent (IC 35-38-9-8(d)).
Court hearing
Sometimes

Official forms

Automatic clearing

Indiana has no automatic clearing of convictions. Since July 1, 2022, for people charged after June 30, 2022, courts must order expungement automatically when all charges are dismissed, the person is acquitted, or a conviction is later vacated, effective no sooner than 60 days later (IC 35-38-9-1(b); Indiana Office of Court Services). A 2026 bill (HB 1118) that would have replaced the adult expungement statute passed the House but we found no record that it was enacted.1,2,16

DUI and DWI records in Indiana

Indiana's expungement chapter does not list OWI (operating a vehicle while intoxicated) as an excluded offense, so OWI convictions follow the general rules. OWI is a Class C misdemeanor, or a Class A misdemeanor if it endangers a person (IC 9-30-5-2), so a misdemeanor OWI can be expunged 5 years after conviction if you have no conviction in the previous 5 years, no pending charges, and all fines, fees, costs and restitution are paid; the court must then grant it (IC 35-38-9-2). A felony OWI follows the felony rules: a Level 6 felony that did not cause bodily injury uses the 8-year route (IC 35-38-9-3); a felony that caused bodily injury may qualify under IC 35-38-9-4; one that caused serious bodily injury needs the prosecutor's consent (IC 35-38-9-5); and a felony that resulted in a death cannot be expunged (IC 35-38-9-4(b), 35-38-9-5(b)). If you held a commercial driver's license or commercial learner's permit at the time and the conviction is a violation described in 49 CFR 384.226, the court may not order the BMV to seal or expunge it (IC 35-38-9-0.6(d), amended by S.E.A. 281 effective July 1, 2025). Expungement does not affect an existing or pending license suspension (IC 35-38-9-6(b), 35-38-9-7(b)). Because of the one-petition rule, include an OWI with all your other convictions.5,7,17,18,19

Arrests and dismissed charges

Arrests, charges and juvenile allegations that didn't end in a conviction can be expunged by petition one year after the latest of the arrest, charge or allegation, with no filing fee and no lifetime limit (IC 35-38-9-1). For people charged after June 30, 2022, dismissals, acquittals and vacated convictions are expunged automatically, and someone arrested after June 30, 2022 who was never charged can petition after one year and the judge must immediately grant it (IC 35-38-9-1(b), (c)). The records are removed from criminal history systems and sealed in the courts, but remain available to courts and criminal justice agencies.1,2

What employers can see afterward

It is unlawful discrimination for anyone to refuse to employ you, suspend or expel you, or refuse to grant or renew a license, permit or certificate because of an expunged or sealed conviction or arrest. Applications may ask about criminal records only in terms that exclude expunged records, for example: 'Have you ever been arrested for or convicted of a crime that has not been expunged by a court?' A violation is a Class C infraction and can lead to contempt and an injunction. These rules do not bind law enforcement agencies or probation and community corrections departments when hiring (IC 35-38-9-10). An expungement order can be used as evidence of due care in a negligent hiring case (IC 35-38-9-10(g), (h)). Since July 1, 2021, criminal history providers that publish expunged convictions face penalties under IC 24-4-18-8 (Indiana Office of Court Services). We found no statewide fair-chance law for private employers; IC 22-2-17-3 bars cities and counties from prohibiting employers from asking about criminal history, including at the initial application stage, unless federal or state law provides otherwise.2,20,21

Free help in Indiana

  • Indiana Legal Help: Expungement

    Statewide self-help site from the Indiana Coalition for Court Access with free expungement petition forms, instructions, a guided form and a directory of free or low-cost clinics.

  • Indiana Legal Services

    Free civil legal aid for eligible low-income people, including expungement help; apply online or call 1-844-243-8570 (Monday-Thursday, 9am-1pm).

  • Indiana Office of Court Services expungement guide

    The courts' detailed plain-language guide to each expungement category, updated July 1, 2026. It is not legal advice.

Before you file

  • You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.23,24,25
  • The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.26,27

This page explains Indiana's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can I clear my record in Indiana?" https://secondchanceindex.com/record-clearing/indiana, checked October 21, 2026.

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Sources

Each source was opened and checked on October 21, 2026.

  1. IC 35-38-9-1
  2. Expungements: Detailed Information on Criminal Case Expungement (updated 7/1/2026)Indiana Office of Court Services
  3. Expungement-Criminal and Non-ConvictionIndiana Legal Help
  4. Criminal Record Expungement Fact Sheet (2.2025)Indiana Legal Services
  5. IC 35-38-9-2, 35-38-9-3, 35-38-9-6, 35-38-9-8, 35-38-9-9
  6. IC 35-38-9-3 (2025 Indiana Code, republished)Justia, republishing the Indiana Code
  7. IC 35-38-9-6 (2025 Indiana Code, republished)Justia, republishing the Indiana Code
  8. IC 35-38-9-8 (2025 Indiana Code, republished)Justia, republishing the Indiana Code
  9. IC 35-38-9-9 (2025 Indiana Code, republished)Justia, republishing the Indiana Code
  10. Filing Fee Frequently Asked QuestionsIndiana Legal Help
  11. Court Costs (Civil Division)Monroe County Clerk of Courts, Indiana
  12. IC 35-38-9-4, 35-38-9-5, 35-38-9-7
  13. IC 35-38-9-5 (2025 Indiana Code, republished)Justia, republishing the Indiana Code
  14. IC 35-38-9-7 (2025 Indiana Code, republished)Justia, republishing the Indiana Code
  15. Legislative Update: expungement posts (S.E.A. 281, P.L. 77-2025)Indiana Office of Court Services
  16. Legislative Update: Expungement (HB 1118, 2026)Indiana Office of Court Services
  17. IC 9-30-5-2 (2025 Indiana Code, republished)Justia, republishing the Indiana Code
  18. IC 35-38-9-0.6 (2025 Indiana Code, republished)Justia, republishing the Indiana Code
  19. Legislative Update: Expungement (S.E.A. 281, commercial driver's licenses)Indiana Office of Court Services
  20. IC 35-38-9-10 (2025 Indiana Code, republished)Justia, republishing the Indiana Code
  21. IC 22-2-17-3 (2025 Indiana Code, republished)Justia, republishing the Indiana Code
  22. Expungement statutes (updated 7/1/2026)Indiana Office of Court Services
  23. List of consumer reporting companiesConsumer Financial Protection Bureau
  24. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
  25. Employer Background Checks and Your RightsFederal Trade Commission
  26. 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
  27. Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)