Indiana Expungement & Record Clearing Attorney
Under Indiana's Second Chance Law, you may be able to seal your arrest or conviction records — so they no longer appear on the background checks used by most employers and landlords. Semko Law Office files expungement petitions across all 92 Indiana counties from our Lake County office, with flat fees, payment plans, and a free eligibility check that takes about two minutes.
Check Your Eligibility Free — 2 Minutes
What Expungement Actually Does in Indiana
Indiana's expungement statute (Indiana Code § 35-38-9, often called the Second Chance Law) doesn't erase your criminal history — it restricts who can see it. For most misdemeanors and lower-level felonies, a granted expungement seals the records: courts, the Indiana State Police, the BMV, and other state agencies are ordered to restrict access, and the case no longer appears on standard background checks run by employers, landlords, and licensing boards. For more serious felonies, the records remain publicly viewable but are marked as expunged — a formal court declaration that the State considers the matter behind you.
Either way, the practical protections are significant:
- Most employers cannot see sealed records — and Indiana law makes it unlawful discrimination to refuse to hire someone, or deny them a license or housing, because of an expunged record.
- You can legally answer "no." On most job and housing applications, you may deny an arrest or conviction that has been expunged, with only narrow exceptions.
- Firearm rights are generally restored for most expunged convictions (domestic violence convictions require a separate restoration process under a different statute).
Who Qualifies for Expungement in Indiana?
Eligibility depends on what's on your record and how much time has passed. Here are the waiting periods under the current statute:
| Type of Record | Waiting Period | Notes |
|---|---|---|
| Arrest or charges — no conviction (dismissed, acquitted, or vacated) | As little as 60 days after dismissal or acquittal (cases resolved after June 30, 2022); 1 year after arrest for older cases | Courts are required to grant qualifying petitions |
| Misdemeanors (including felonies reduced to misdemeanors) | 5 years from conviction | Mandatory grant if requirements are met; earlier filing possible with prosecutor consent |
| Class D / Level 6 felonies | 8 years from conviction | Mandatory grant if requirements are met; earlier filing possible with prosecutor consent |
| Most other felonies | 8 years from conviction and 3 years from completing your sentence | Granted at the court's discretion; records are marked expunged |
| Serious felonies (e.g., resulting in serious bodily injury) | 10 years from conviction and 5 years from completing your sentence | Requires the prosecutor's written consent |
In every category, you'll also generally need to have no pending criminal charges, no recent convictions, and your court-ordered fines, fees, and restitution paid. Some records can never be expunged — including convictions for homicide and most sex or violent offenses, and records of people required to register as sex or violent offenders.
Not sure where your record falls? That's exactly what our free eligibility check is for — answer a few questions and find out in about two minutes, before spending anything.
Find Out If You Qualify — Free
The One-Shot Rule: Why Getting It Right Matters
Here's the part of Indiana's expungement law that surprises most people: you only get one expungement petition in your lifetime. If you have cases in multiple counties, all of your petitions must be filed within a single 365-day window — and once that window closes, anything you left out generally stays on your record for good.
This is the single biggest reason to have an attorney handle your expungement. A do-it-yourself petition that misses a case, miscounts a waiting period, or gets denied on a technicality can burn your only chance. Our process is built around finding everything on your record — across every Indiana county — and filing it all correctly, once.
How the Expungement Process Works
- Free eligibility check. Start with our two-minute online eligibility check. We review your answers, pull your Indiana court records, and confirm what qualifies — including cases you may have forgotten about.
- Attorney case review. Attorney Jeff C. Semko personally reviews your record, confirms eligibility and timing for each case, and quotes you a flat fee — no hourly billing, no surprises.
- We prepare and file your petitions. We draft and file a petition in each county where you have a case, handling the paperwork requirements of each court, all within the one-year statutory window.
- Prosecutor review and any hearing. The prosecutor in each county has the opportunity to respond. Many eligible petitions are granted without a hearing; if a hearing is needed, we handle it.
- Your records are sealed or marked expunged. Once the judge signs the order, agencies must restrict the records — the courts, State Police, BMV, and other agencies are directed to comply, and your background check clears.
Want the detailed version? Read our step-by-step guide to how to file for expungement in Indiana — including what you'll need, where filings go wrong, and what happens after the judge signs the order.
Timelines vary by county and by how quickly prosecutors respond, but most clients see the process through in a matter of months — and the waiting period clock is based on your conviction date, not when you hire us, so if you're eligible today, every month of delay is a month your record keeps costing you opportunities.
What Does an Expungement Cost in Indiana?
Semko Law Office handles expungements on a flat-fee basis — you'll know the full attorney fee up front, based on what's on your record and how many counties are involved. Court filing costs vary by county and case type, and we'll identify those for you before you commit to anything.
Payment Plans Available
A criminal record shouldn't keep you from clearing your criminal record. If paying all at once isn't realistic, we offer flexible payment plans built around what you're comfortable paying — on a weekly, biweekly, or monthly schedule that fits your budget. You can start your expungement now and pay it off as you go. Many of our clients are working toward better jobs precisely because of the expungement; the payment plan is designed for exactly that situation.
Searching for free expungement help? Some Indiana legal-aid organizations assist with expungements at no cost, and for straightforward records they can be a real option — though waitlists can be long and multi-county records get complicated fast. Our free eligibility check costs nothing and will tell you what you're dealing with either way.
Felony Expungement in Indiana
Yes — many felonies can be expunged in Indiana. Level 6 (formerly Class D) felonies qualify after eight years, and even higher-level felonies can be expunged eight years after conviction and three years after your sentence ends, at the court's discretion. Felony expungements involve judgment calls that misdemeanor cases don't: discretionary standards, prosecutor input, and for the most serious offenses, written prosecutor consent. This is where experienced representation earns its fee — presenting your work history, rehabilitation, and circumstances in the way courts need to see them.
If you were told years ago that your felony could never be expunged, it's worth checking again — the law has been amended repeatedly, and waiting periods you hadn't met before may have run by now.
Serving Lake County and All of Indiana
Semko Law Office is based in Schererville, serving Crown Point, Merrillville, Hammond, Gary, and all of Lake County and Northwest Indiana — and we file expungement petitions statewide, in every one of Indiana's 92 counties. Because Indiana's one-petition rule requires filing everywhere you have a record within one window, having a single firm coordinate every county isn't a convenience — it's how the law works best.
Start With Your Free Eligibility Check
Indiana Expungement FAQ
How long does an expungement take in Indiana?
It varies by county and case complexity. After filing, prosecutors have a period to respond, and some cases require a hearing. Most clients complete the process within a few months of filing. Waiting periods (based on your conviction date) are separate — you may have already satisfied them.
Will my expunged record show up on background checks?
For misdemeanors and Level 6/Class D felonies, granted expungements seal the record — it should not appear on standard employment, housing, or licensing background checks. For higher-level felonies, records remain viewable but are marked as expunged. Law enforcement and courts retain access in limited circumstances.
Do I have to tell employers about an expunged conviction?
Generally, no. Indiana law allows you to deny an expunged arrest or conviction on most applications, and it is unlawful discrimination to deny someone employment, licensing, or housing because of an expunged record, with narrow exceptions.
Can I get my gun rights back after an expungement?
For most expunged convictions, firearm rights are restored. Domestic violence convictions are the key exception — restoring firearm rights after a domestic violence conviction requires a separate petition under a different statute. We can evaluate this as part of your case review.
How many times can I file for expungement?
Once. Indiana allows one expungement petition per lifetime, and if you have cases in multiple counties, all petitions must be filed within a single 365-day period. This is why a complete, correctly filed petition matters so much.
What can never be expunged in Indiana?
Convictions for homicide offenses, most sex and violent offenses, human trafficking, and official misconduct cannot be expunged, and people required to register as sex or violent offenders are not eligible. Two or more unrelated felonies involving a deadly weapon also disqualify a person.
What if I can't afford to pay all at once?
We offer flexible payment plans built around what you're comfortable paying, on a weekly, biweekly, or monthly schedule. Your case can move forward while you pay over time.
What if my charges were dismissed — do I still need an expungement?
Yes, and this surprises people: dismissed charges and arrests without conviction still appear on background checks until they're expunged. The good news is these are the fastest cases — for charges resolved after June 30, 2022, courts can grant expungement as soon as 60 days after dismissal or acquittal, and courts are required to grant qualifying petitions.
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.
Free 2-Minute Eligibility Check
Semko Law Office · 833 W Lincoln Highway, Suite 450 E, Schererville, Indiana 46375