A criminal record can hurt your employment and housing options long after your case ends. While Indiana has allowed people to clear these records for over a decade, recent changes make the process faster for some. If you have a dismissed case, relief might arrive sooner than you think.
Automatic sealing for dismissed charges
The biggest update to Indiana law covers how courts handle arrests. Before this change, you filed a formal petition and waited one year to seal a record even if the state never convicted you.
For arrests on or after July 1, 2022, the law requires the court to expunge dismissed records automatically. This also applies if a jury acquits you. Charges from before this date still need a formal petition. The court order usually takes effect 60 days after the dismissal. You should still check that the court officially sealed the file because court delays happen.
Waiting periods for convictions
Unlike dismissed charges, convictions still require a formal petition. You must prove you followed the law for a specific time based on the offense level.
- Five years for most misdemeanors.
- Eight years for Level 6 felonies that did not result in bodily injury.
- Eight years from conviction or three years from sentence completion (whichever is later) for eligible major felonies.
- 10 years from conviction or five years from sentence completion (whichever is later) for eligible felonies resulting in serious bodily injury.
Strict rules apply to these timelines. The law statutorily excludes specific major crimes from expungement eligibility, including homicide, official misconduct and crimes committed by a sex or violent offender.
Additionally, if your felony resulted in serious bodily injury, you must obtain written consent from the prosecutor to proceed. You generally cannot file for expungement if you have any new pending criminal charges.
Financial and legal requirements
Time alone does not automatically qualify you for relief when a conviction is involved. You must pay all fines, court costs and restitution before the court will grant your petition. Furthermore, you must remain conviction-free during the entire waiting period. A new conviction typically resets the clock.
Ensuring a fresh start
Navigating these timelines demands precision because a simple math error regarding your conviction date can result in a denial. An experienced attorney can review your complete criminal history to determine if you meet the specific criteria for the automatic process or if a formal petition is necessary.