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Indiana Criminal Record Expungement

What is an Expungement?

Expungement is the legal process of sealing your criminal record from public access. A successful expungement can prevent employers, landlords, friends, family, and the general public from accessing your criminal record from public databases.

In Indiana, Expungement’s are governed by the Indiana Code 35-38-9, as well as case law interpreting that statute. You are able to expunge almost any criminal record - ranging from an arrest that did not result in a conviction, to more serious felony convictions - as long as the waiting period requirement and other certain requirements are met. There are a few types of crimes you cannot expunge, such as sex crimes or certain serious felonies.

Generally speaking, the expungement process takes on about 1-3 months depending on the level of the offense you are seeking to seal. You can expunge multiple arrests & convictions at the same time across multiple counties, as long as you meet the requirements set forth in the I.C. 35-38-9-8.

In Indiana, you only get one chance at sealing your criminal record - under Indiana Code 35-38-9-9. a petitioner may file a petition for expungement only one (1) time during the petitioner's lifetime. That’s why having an experienced attorney assisting you through the process is highly recommended.

What are the Requirements for Expungement?

Generally, to be eligible for expungement of your past arrest or conviction, you must have: (i) no criminal charges currently pending, (ii) no outstanding court costs, fees, or restitution obligations, (iii) have not filed for expungement before, and (iv) have met the waiting period, which is the number of years since your arrest or conviction. This period is different depending on the seriousness of the offense:

  • For arrests that did not result in a conviction, the waiting period is 1 year from the date of the arrest (unless the arrest occurred after June 30, 2022, in which case the expungement is automatically removed after 60 days).

  • For All Misdemeanor Convictions, the waiting period is five (5) years, unless waived by the prosecutor.

  • For Class D or Level 6 Felonies, the waiting period is eight (8) years, unless waived by the prosecutor.

  • For Certain Less Serious Felonies, the waiting period is eight (8) years, or three (3) years from the completion of the person’s sentence, whichever is longer, unless waived by the prosecutor.

  • For certain more serious felonies, the waiting period is ten (10) years, or five (5) years from the completion of the person’s sentence, whichever is longer. This waiting period may not be waived by the prosecutor.

Even if you do not meet the waiting period requirement, we can assist you in requesting the prosecutor waive the waiting period requirement.

For arrests that did not result in a conviction - if the arrest occurred after June 30, 2022, the expungement is automatically removed from your record after 60 days and does not require the filing of the petition. If the arrest still shows on your public record, contact us and we can help get it removed. If the arrest that did not result in a conviction occurred before June 30, 2022, the court must expunge the record if 1 year has passed since the date of your arrest.

Misdemeanor expungements and Level 6/Class D felony expungements are mandatory - meaning if all the requirements are met, the court must grant the expungement petition.

Expungements of felonies that are Level 5/Class C or above are discretionary - the court may grant the expungement petition, but it does not have an obligation to do so. That is why having an experienced expungement attorney in your corner to assist you in filing your petition is strongly encouraged.

Why Should I Expunge My Record?

Having a criminal record can hurt a person’s ability to obtain employment, qualify for housing, purchase a firearm, vote, hold public office, serve as a juror, obtain professional licensing, and be admitted into educational programs. It can also affect an individual’s reputation, as criminal records in Indiana are public record and searchable by anyone on Indiana MyCase - MyCase.IN.gov. This public repository maintained by the Indiana Courts provides the public with all criminal and civil records, including everything from traffic infractions to major felonies.

Expunging your criminal record can potentially provide the following benefits:

  • Your criminal history will be sealed from the public view.

  • You can state on an application that you have never been convicted of a crime.

  • Your criminal history will not show up on background checks.

  • You can purchase a firearm, vote, and have your civil rights restored.

  • You cannot be denied employment, housing, or educational opportunities because of an criminal record if its expunged.

  • You must be treated as if you never were convicted of the offense.

Why Should I Hire an Attorney?

In Indiana, you only get one chance in your lifetime at expungement. If you leave out necessary information in your expungement petition, file at the wrong time, file in the incorrect court, or neglect to comply with the other requirements of I.C. 35-38-9, you could lose the ability to ever expunge your criminal record again.

Indiana’s expungement statute is complex, that’s why we strongly recommended you hire an experienced expungement attorney to assist you from start to finish. Expungement attorney Matt Shelton has experience sealing criminal records in various counties across the state of Indiana. Reach out today to schedule a free consultation to learn more about how we can assist you.

The Expungement Process - Step by Step:

Background Check & Information Gathering Stage

Your criminal history is thoroughly reviewed by an attorney to ensure every arrest and/or conviction is accounted. This ensures the filings are accurate and complete. Information is also gathered from the client by the attorney

This stage usually takes 1-2 weeks depending on the complexity of the case.

Creating the Petition

The Expungement Petition is created by the attorney- a roughly three-page document that states all the requirements of Indiana Code are met based on the level of the conviction being expunged. Even leaving one piece of necessary information can result a court denying the petition.

This stage usually takes 1-3 days, depending complexity and if there are multiple petitions.

Filing and Serving the Petition

The Expungement Petition, along with Exhibits, Confidential Information Notices, and other supporting documents are filed in the superior or circuit court of the county where the conviction was entered.

This stage takes less than 1 day.

Response by Prosecutor

The Prosecutor has thirty (30) days to respond to the petition. The prosecutor may either:

(i) Object to the petition, in which case the court will set a hearing, or

(ii) Waive any objection to the petition, in which case your attorney will request that the court grant the expungement petition

This stage can take anywhere from 1 week to 2+ months, depending on if the prosecutor files a continuation.

Court Order

If the prosecutor waives their objection, the court may grant the petition without a hearing.

During the hearing the court will hear both sides and either grant or deny the petition.

Note - the court must grant expungement petitions for the following: (i) arrests not resulting in convictions, (ii) all misdemeanors, and (iii) Class D/Level 6 Felonies if the requirements are met in the petition.

Congratulations! Hopefully your expungement petition is granted within 1 month of reaching out to our office. Now you will be entitled to:

  • Have your record permanently sealed and removed from public records*

  • Be able to state that you have not been convicted of a crime on applications.

  • Be treated by society as if you never committed the crime(s).

  • Have your civil rights fully restored, including the right to possess a firearm, the right to vote, the right to participate on a jury.

What’s Included in Your Representation

  • Initial Consultation

  • Criminal History Verification

  • Negotiation with Prosecutor Requesting Shorter Waiting Period (if necessary)

  • Drafting of the Expungement Petition & Review with Attorney

  • Filing of the Expungement Petition & Related Exhibits

  • Service of the Petition to the Prosecutor’s Office and Other Appropriate Parties.

  • Hearing Appearance (if necessary)

  • Case Updates Throughout the Process & a Copy of the Final Order

Our Experience

Licensed Indiana Attorney Matt Shelton has experience representing clients in expungement cases. Matt has worked on a variety of different expungements, ranging from the sealing of a single arrest record in one county, to simultaneously sealing multiple felonies across multiple counties in Indiana.

While in law school, Matt had a close friend convicted of a felony and saw first-hand the benefits of an expungement. Matt began working on expungements in law school while interning at a legal clinic after someone close in Matt’s life experienced a criminal conviction, carried this service into his practice law firm.

Matt provides expungement services to every county in the State of Indiana.

How much does an Expungement Cost?

Shelton Law P.C. provides expungement services start at $500 plus filing fees per county. Additionally, we offer a money back guarantee - if the court denies the expungement petition, we will provide a 100% refund. We offer this as a way to show our confidence in our abilities to navigate the applicable statute and case law surrounding expungements in Indiana.

Reach out for a free consultation

We will reach back out to you within 24 hours to inform you if you are eligible and what next steps are. If you have any questions, please feel free to reach out to us at (317)-804-1495.

Indiana Expungement FAQs

Typically, the expungement process takes 1-3 months until your record is sealed/expunged. If you have more serious convictions, or convictions in multiple counties, the process may take longer.

How long does this take?

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How do I get started?

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Getting started is simple. Reach out through our contact form, call (317) 804-1495, or email matt@sheltonlawpc.com and we will schedule a free consultation to answer any questions you may have and help you get started with your expungement.

What makes you different than other attorneys?

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Matt Shelton has memorized the expungement code in Indiana front to back, and is quick and diligent in providing his services. Some attorneys take weeks and sometimes months to gather information and draft their petition, leading to a later filing than necessary. Matt aims to file your expungement petition within one week of you becoming his client.

Additionally, Matt provides something that many attorneys do not - a money back guarantee on his expungement services. If the court denies your expungement petition, Matt will provide you with a 100% refund of your money (minus the filing fees). Matt offers this to show his confidence in his ability to seal your criminal record in Indiana.

How much does an expungement cost in Indiana?

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The average cost of an expungement in Indiana ranges from $500 to $3,000 depending on the complexity of the case, the number of counties where the client has convictions, and the seriousness of the underlying crime.

Matt Shelton provides expungements starting at a flat fee of $500 per county plus filing fees. Filing fees in Indiana are currently $157 before processing fees. So for example - if you have 3 convictions in one county, our flat fee would be $557 ($500 plus the filing fee of $157). If you have 3 convictions across 2 counties, our flat fee would be $1112 ($500 x 2 + $157 x 2).

The we price are services this way is because (i) clients appreciate a flat fee rather than hourly, since it is more predictable, and (ii) Because a separate petition has to be filed in each county where you have a conviction/arrest, it takes twice as long to file in two counties as it does one.

What Indiana Counties Do You Serve?

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Matt Shelton serves every single county in the state of Indiana, and is licensed appear in every court where an expungement petition can be filed. This includes the following counties: Adams, Allen, Bartholomew, Benton, Blackford, Boone, Brown, Carroll, Cass, Clark, Clay, Clinton, Crawford, Daviess, Dearborn, Decatur, DeKalb, Delaware, Dubois, Elkhart, Fayette, Floyd, Fountain, Franklin, Fulton, Gibson, Grant, Greene, Hamilton, Hancock, Harrison, Hendricks, Henry, Howard, Huntington, Jackson, Jasper, Jay, Jefferson, Jennings, Johnson, Knox, Kosciusko, LaGrange, Lake, LaPorte, Lawrence, Madison, Marion, Marshall, Martin, Miami, Monroe, Montgomery, Morgan, Newton, Noble, Ohio, Orange, Owen, Parke, Perry, Pike, Porter, Posey, Pulaski, Putnam, Randolph, Ripley, Rush, St. Joseph, Scott, Shelby, Spencer, Starke, Steuben, Sullivan, Switzerland, Tippecanoe, Tipton, Union, Vanderburgh, Vermillion, Vigo, Wabash, Warren, Warrick, Washington, Wayne, Wells, White, and Whitley.