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Clearing a Record

IC 35-38-9-2 — a misdemeanor conviction may be expunged five years after the conviction

For a charge filed after June 30, 2022 that was dismissed, or ended in acquittal, the court orders the records expunged on its own, in effect not earlier than 60 days later. For an arrest after that date with no charge, a person may petition once one year has passed, and the judge orders expungement immediately. Petitions for arrest records carry no filing fee.

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Who handles this in Indiana: legal aid programs and the state offices, listed in the Indiana directory.

ConvictionPetition no earlier thanClean period required
ConvictionA misdemeanor, or a Level 6 felony reduced to onePetition no earlier thanFive years after the convictionClean period requiredNo conviction of a crime in the previous five years
ConvictionA Level 6 felonyPetition no earlier thanEight years after the convictionClean period requiredNo felony or misdemeanor conviction in the previous eight years
  • IC 35-38-9-2
  • IC 35-38-9-3

In either case the court orders expungement where it finds the period has passed, no charges are pending, and all fines, fees, costs and restitution are paid. The prosecutor may consent in writing to an earlier petition. A sex or violent offender is not eligible, nor, for a Level 6 felony, someone whose felony caused bodily injury.

  • IC 35-38-9-2
  • IC 35-38-9-3

It is unlawful discrimination to refuse to employ, admit or license someone, or otherwise discriminate, because of an expunged or sealed record, and doing so is a Class C infraction. An application may ask about a criminal record only in terms that exclude expunged convictions and arrests.

  • IC 35-38-9-10

A person whose conviction is expunged is treated as never convicted and has the right to vote, hold office and serve on a jury restored, though a later court may consider it in sentencing for a new offense.

  • IC 35-38-9-10
Sources for this section (4)
  1. IC 35-38-9-1 — Expunging arrest records
  2. IC 35-38-9-2 — Expunging misdemeanor convictions
  3. IC 35-38-9-3 — Expunging minor Class D and Level 6 felony convictions
  4. IC 35-38-9-10 — Unlawful discrimination against a person whose record has been expunged; exceptions

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Indiana attorney.

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