This is the Indiana expungement law also known as the Indiana Second Chance Law as of January of 2021. If you find yourself in need of Indiana expungement attorneys to represent you in an expungement petition, call our office at (317) 676-4747 or send a message to one of our attorneys right away!
This was revised and condensed into Indiana Code 35-38-9 effective July 1, 2013.
If successful, any case that has been restricted will not show up on a criminal history check by noncriminal justice organizations or individuals. Criminal justice agencies like the court, prosecutor, and police will continue to have access to all information. Although it has been nicknamed an “expungement law,” Indiana’s Second Chance Law only restricts access to criminal records; it does not forever erase or expunge one’s criminal history.
Petitioners filing under the Second Chance Law that were not convicted do not have to pay a filing fee when filing under the Second Chance Law.
There are different classifications of individuals who may qualify to restrict access to criminal records pursuant to Indiana Code 35-38-9.
Individuals not determined to be guilty
This section applies to those individuals where:
- the arrest did not result in a conviction or juvenile adjudication; or
- the arrest resulted in a conviction or juvenile adjudication and the conviction or adjudication was vacated on appeal.
At least one year after the date of arrest, a person may petition to seal records contained in the court’s files; the files of the department of correction; the files of the bureau of motor vehicles; and the files of any other person who provided treatment or services to the petitioning person under a court order; that relate to the person’s arrest. A person who files a petition to seal arrest records is not required to pay a filing fee.
Individuals convicted of a misdemeanor, including class D felony reduced to a misdemeanor
This section applies only to a person convicted of a misdemeanor, including a class D felony reduced to a misdemeanor.
At least five years after the date of conviction (unless the prosecuting attorney consents in writing to an earlier period), the person convicted of the misdemeanor may petition the court to restrict access to records contained in a court’s files; the files of the department of correction; the files of the bureau of motor vehicles; and the files of any other person who provided treatment or services to the petitioning person under a court order; that relate to the person’s misdemeanor conviction.
The court will order conviction records to be restricted if there is convincing evidence that:
- the period required by this section has elapsed;
- no charges are pending against the person;
- the person does not have an existing or pending driver’s license suspension;
- the person has successfully completed the person’s sentence, including any term of supervised release, and satisfied all other obligations placed on the person as part of the sentence; and
- the person has not been convicted of a crime within the previous five years.
Individuals convicted of a non-violent felony
Except as provided in subsection (b), this section applies only to a person convicted of a felony.
(b) This section DOES NOT apply to the following:
- An elected official convicted of an offense while serving the official’s term or as a candidate for public office.
- A sex or violent offender (as defined in IC 11-8-8-5).
- A person convicted of a felony that resulted in serious bodily injury to another person.
- A person convicted of an offense described in IC 35-42-1, IC 35-42-3.5, or IC 35-42-4.
At least eight years after the completion of the person’s sentence (including the completion of any term of supervised release and the satisfaction of all other obligations placed on the person as part of the sentence, unless the prosecuting attorney consents in writing to an earlier period), a person may petition the court to restrict access to a court’s files; the files of the department of correction; the files of the bureau of motor vehicles; and the files of any other person who provided treatment or services to the petitioning person under a court order; that relate to the person’s felony conviction.
The court will order conviction records to be restricted if there is convincing evidence that:
- the period required by this section has elapsed;
- no charges are pending against the person;
- the person does not have an existing or pending driver’s license suspension;
- the person has successfully completed the person’s sentence, including any term of supervised release, and satisfied all other obligations placed on the person as part of the sentence; and
- the person has not been convicted of a crime within the previous eight years.
Individuals convicted of a violent or sexual felony
Except as provided in subsection (b), this section applies to a person convicted of a felony, including:
- an elected official convicted of an offense while serving the official’s term or as a candidate for public office; and
- a person convicted of a felony that resulted in serious bodily injury to another person.
(b) This section DOES NOT apply to the following:
- A sex or violent offender (as defined in IC 11-8-8-5).
- A person convicted of an offense described in IC 35-42-1, IC 35-42-3.5, or IC 35-42-4.
At least 10 years after the completion of the person’s sentence (including the completion of any term of supervised release and the satisfaction of all other obligations placed on the person as part of the sentence, unless the prosecuting attorney consents in writing to an earlier period), the individual may petition the court to restrict access to records contained in a court’s files; the files of any other person who provided treatment or services to the petitioning person under a court order that relate to the person’s felony conviction.
The court will order conviction records to be restricted if there is convincing evidence that:
- the period required by this section has elapsed;
- no charges are pending against the person;
- the person does not have an existing or pending driver’s license suspension;
- the person has successfully completed the person’s sentence, including any term of supervised release, and satisfied all other obligations placed on the person as part of the sentence;
- the person has not been convicted of a crime within the previous 10 years; and
- the prosecuting attorney has consented in writing to the expungement of the person’s criminal records; the court may order the conviction records described in subsection (c) marked as expunged in accordance with section 7 of this chapter.