How to File for Expungement in Indiana: Step-by-Step
Filing for expungement in Indiana is a five-step legal process — and under the Second Chance Law, you only get one petition in your lifetime, so it has to be done right the first time. This guide from an Indiana expungement attorney's office walks through exactly how the process works, what you'll need, and where people get tripped up. If you'd rather find out first whether your record even qualifies, start with the free two-minute eligibility check.
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Before You File: Two Things That Shape Everything
The one-petition rule. Indiana law allows one expungement petition per lifetime. If you have cases in more than one county, every petition must be filed within a single 365-day window — and whatever you leave out generally stays on your record permanently. This single rule is why the filing process rewards thoroughness over speed.
Waiting periods. Each type of record has its own clock — as little as 60 days for many dismissed charges, 5 years for misdemeanors, 8 or more for felonies, measured from the conviction date. The full breakdown, including which records can never be expunged, is on our Indiana expungement and record clearing page.
Step 1: Find Everything on Your Record
Before anything gets filed, you need a complete picture of your Indiana criminal history — every arrest, charge, and conviction, in every county. That includes cases you may have forgotten: dismissed charges from years ago, an arrest that never led to charges, a case in a county you only lived in briefly. Indiana's online court portal (MyCase) covers most courts, but older cases and some records may require checking directly with county clerks or state agencies.
This step is where do-it-yourself petitions most often go wrong — not because the paperwork is hard, but because a missed case can't be added after your one-time window closes. When we handle an expungement, a complete record search across all 92 counties is the first thing we do.
Step 2: Confirm What Qualifies (and When)
With the full record in hand, each case gets sorted: which are eligible now, which need more time on the waiting-period clock, and which can't be expunged at all. You'll also need to meet the general requirements — no pending criminal charges, no recent convictions, and court-ordered fines, fees, and restitution paid. Timing strategy matters here: because all petitions must land within one 365-day window, sometimes the smart move is waiting a few months so that a soon-to-be-eligible case can be included with the rest.
Step 3: Prepare and File a Petition in Each County
Expungement petitions are filed in the court of the county where each case was handled — one county, one petition, covering all your cases in that county. The petition is a formal legal filing: it must correctly identify each case (case numbers, courts, dates, charges), state the legal basis for expungement, and be filed with the required fee, which varies by county and case type (fee waivers may be available if you can't afford it, and petitions for arrests without conviction carry no filing fee).
Errors here have real consequences — a petition that misstates a case, files in the wrong court, or claims the wrong eligibility section can be denied, and a denied petition can burn your once-per-lifetime shot. This is the step where an expungement attorney earns their fee even for "simple" records.
Step 4: The Prosecutor Responds — and Sometimes There's a Hearing
After filing, the prosecutor's office in each county reviews the petition and can object. For records where expungement is mandatory (most misdemeanors and Level 6 felonies where all requirements are met), qualifying petitions are typically granted without drama — many without a hearing. For discretionary felony expungements, the court weighs your case, and a hearing is more likely: your work history, rehabilitation, and the life you've built since all become part of the argument. If a hearing is set, you (or your attorney) appear and make the case.
Step 5: The Order Is Granted — and Your Records Get Sealed or Marked
When the judge signs the expungement order, the courts, Indiana State Police, BMV, and other agencies are directed to seal the records (for misdemeanors and lower-level felonies) or mark them expunged (for more serious felonies). Standard employment and housing background checks come back clean for sealed records, and Indiana law makes it unlawful to discriminate against you based on an expunged record. The practical effects — what employers see, gun rights, saying "no" on applications — are covered in detail by our Indiana expungement attorney page.
How Long Does the Whole Process Take?
From filing to signed order, most cases resolve in a matter of weeks to a few months per county, depending on court schedules and whether the prosecutor objects. Multi-county records run on parallel tracks. The waiting periods are the bigger clock — and they run from your conviction date, not from when you decide to act, so if you're eligible today, the process only starts when you do.
Should You File It Yourself or Hire an Expungement Attorney?
Honestly: some people with a single, old, in-county misdemeanor can handle their own petition, and Indiana legal-aid organizations help with straightforward cases at no cost. But the calculus changes fast when there's more than one case, more than one county, a felony, or any uncertainty about what's on your record — because the one-petition rule turns every mistake into a permanent one. A former Lake County prosecutor, Attorney Jeff C. Semko has spent years on the government's side of these files and now works as an expungement attorney getting them sealed — flat fees quoted up front, flexible payment plans available, and every county in Indiana covered from one office.
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Filing FAQ
What documents do I need to file for expungement in Indiana?
At minimum: complete information about each case (case numbers, courts, conviction dates, charges) and proof that fines, fees, and restitution are paid where required. Your attorney or the court records themselves supply most of it — the critical part is making sure no case is missed.
Where do I file an expungement petition?
In the court of the county where the case was handled. One petition per county, covering all of your cases in that county — and if you have cases in multiple counties, all petitions must be filed within the same 365-day period.
How much does it cost to file?
Court filing fees vary by county and generally track the civil filing fee; petitions to expunge arrests that never led to conviction have no filing fee, and courts may reduce or waive fees for those who can't afford them. Expungement attorney fees are separate — we quote flat fees up front, with flexible payment plans on a weekly, biweekly, or monthly schedule.
Can my petition be denied?
Yes — for ineligibility, unpaid financial obligations, errors in the petition, or (for discretionary felony expungements) the court's judgment. Because of the one-petition rule, a denial can have permanent consequences, which is the strongest argument for getting the filing right the first time.
Do I have to go to court?
Not always. Many mandatory expungements are granted without a hearing. Discretionary felony cases are more likely to involve one — and if a hearing happens, preparation matters.
This page provides general information about Indiana law and is not legal advice for your specific situation. Every record is different — the only way to know your eligibility is a case review.
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