Yes. Indiana law allows many people with felony convictions a chance to clear or seal their records if specific criteria are met. In Willford v. State, 199 N.E.3d 825, the court confirmed that the type of felony matters, along with waiting periods and other requirements. The process is sometimes referred to as felony expungement or “second chance” legislation. The idea is to help people who have stayed out of trouble for several years and fulfilled their obligations.
However, not every felony is eligible. If your crime is particularly severe—like certain sex offenses or crimes that resulted in another person’s death—the law generally bars you from having it removed. (Willford v. State, 199 N.E.3d 825)
For less serious felonies—such as old Class D felonies or current Level 6 felonies—you can usually apply for expungement eight years after your conviction if you have no new arrests or pending cases. (Marshall v. State, 52 N.E.3d 41) For more serious felonies, it might be ten years, and you may need consent from the prosecutor.
It’s important to meet the waiting period. If you file too early, a judge will likely dismiss your petition unless the local prosecutor specifically agrees to let you file sooner. If you wait the required time, keep your record clean, and pay all fines or restitution, you have a decent chance at a fresh start.
Factors Influencing Felony Expungement
Indiana’s expungement rules center on whether you meet certain conditions that show you are rehabilitated. The main influences are:
- Time Since Conviction or Sentence Completion: For a Class D felony or Level 6 felony, you generally can’t petition until at least eight years have passed since the conviction date (or from finishing your sentence, depending on the law). More serious felonies often require ten years or more.
- No New Convictions or Pending Charges: If you got into more trouble after your felony, your chance of expungement drops drastically. You must show you’ve lived a law-abiding life in the waiting period. If you have any pending case, you can’t get an expungement at that time.
- All Financial Obligations Paid: The law demands that you’ve paid any court-ordered fines, fees, or restitution. If you still owe money, you can’t proceed.
- Prosecutor’s Consent (Sometimes): For higher-level felonies, or for filing a bit earlier than the usual timeline, you might need sign-off from the prosecutor who handled your case. They can object if they believe you don’t deserve the expungement or that you pose a risk.
- Eligible Crime: If the felony falls under the categories that are outright barred—like certain violent or sexual offenses—the court will deny your request immediately. We’ll detail these disqualifications later.
Whether your expungement is granted or not also depends on how well you show the court you’ve moved on from your criminal past. If you demonstrate stable employment, no new arrests, and personal growth, you strengthen your claim. But if you can’t prove these, the judge can deny your petition. (Marshall v. State, 52 N.E.3d 41)
Which Felonies Can Be Expunged?
There is no single list in the law that says “these are the only felonies we can clear.” Instead, the statute sets up categories. Typically:
- Class D Felonies (old system) or Level 6 Felonies (current system): After at least eight years, you can apply for expungement.
- More Serious Felonies: Many require at least ten years from your conviction date or from finishing your sentence. If your felony was violent but not among the explicitly excluded crimes, you might still qualify after that longer wait.
In Willford v. State, 199 N.E.3d 825, the court described how some serious crimes remain ineligible. But if your offense is not on the banned list (like certain major sex crimes or murder), and enough time has passed, you might file a petition for expunging a conviction in Indiana.
Sometimes, the local prosecutor must approve the petition before you file. This typically applies to more serious felonies or if you want to file earlier than the standard timeline. If the prosecutor objects, a judge can still weigh whether to grant or deny your request. Also, if you have multiple felonies, the law can be more complicated since each felony might have different conditions or waiting periods. (¶ CR-2.36 Expungement)
The Process of Expunging a Felony
Expunging a felony in Indiana can feel overwhelming if you are unsure where to begin. However, it remains an important legal remedy for those who have met specific requirements and seek a fresh start.
Before you begin filling out forms or gathering documents, it’s helpful to understand the steps involved. Below is an outline of how the process typically unfolds, from verifying your eligibility and waiting period to filing your petition in court. By having a clear roadmap, you can approach each step confidently and reduce the risk of costly mistakes.
Wait the Required Period
Confirm how many years have to pass from your conviction date or from finishing probation/parole. For example, you might need to wait eight years for a Level 6 felony, or ten years for higher felonies. Remember, if you file too soon, the court dismisses your case (unless the prosecutor consents).
Check for New Arrests or Charges
Make sure you have zero pending cases. Even a minor charge can halt your expungement. If you have an unresolved matter, you must wait until it’s dismissed or concluded.
Settle All Financial Obligations
If you owe fines, court costs, or restitution from your felony, pay it off first. The judge won’t expunge your record if you haven’t satisfied these debts.
File the Petition
You typically file your petition in the same county where you were convicted. Some counties have their own forms. Usually, you must include details about your felony, the court, the sentence, and evidence that you meet all criteria. If the prosecutor must agree, get that in writing if possible.
Court Hearing
The judge might schedule a hearing to let you and the prosecutor present arguments. If the judge confirms you qualify, they will issue an order directing agencies (like the court clerk, police departments, or the state repository) to mark your record as expunged.
Order of Expungement
Under Indiana law, once your petition is granted, the records are either sealed or labeled in a way that hides them from most background checks. But they are not always physically destroyed. Certain agencies, like law enforcement, can still access them in limited situations.
After Expungement
Once your record is expunged, most public background checks used by employers or landlords won’t show the felony. However, if you’re applying for some professional licenses or if you get in trouble again, the old record may still be visible to certain officials. So it’s not “gone forever,” but it’s often shielded from the public. (Willford v. State, 199 N.E.3d 825)
This entire process can take a few months, depending on the court’s schedule and whether the prosecutor objects. If your petition is denied, you might have to wait a year or longer before trying again, so it’s wise to be thorough when you file.
If a Felony Is Expunged, Does That Mean It Is Totally Erased From My Record?
Not exactly. In Indiana, “expungement” means the felony is largely hidden from public view, but it does not vanish from every possible record. The law demands that state agencies seal or mark your records as expunged so typical searches won’t find it. But certain authorities—like police, prosecutors, or courts—can still see your expunged record. They might review it if you apply for certain licenses, if you get arrested later, or in other official contexts. (¶ CR-2.36 Expungement)
Additionally, private websites or old news articles might still mention your felony. Expungement does not force newspapers to delete articles or blogs to remove references. However, official criminal background checks used by most employers or landlords should show no felony once it’s expunged.
So, while you can say “No” when asked about a felony record on most job applications, you must be cautious if the application specifically asks about expunged convictions or if you’re applying for certain government roles where the question might differ.
Which Felonies Are Not Eligible for Expungement?
Some felonies are barred from expungement in Indiana, typically if they are extremely serious or violent.
Examples often include:
- Sex Crimes: Major sexual offenses usually can’t be cleared.
- Homicide or Manslaughter: If your felony caused someone’s death, you are typically ineligible.
- Certain Serious Offenses: Some forms of official misconduct or crimes committed by an elected official in office are also restricted.
In Willford v. State, the court explained that the law explicitly forbids expungement for certain high-level felonies involving violence. If your crime is on that banned list, you cannot get it removed, no matter how long ago it happened or how much you’ve turned your life around.
If you’re unsure whether your felony is on the restricted list, you should consult with an attorney or check the statutes. A local Indiana lawyer can confirm your eligibility based on the felony classification, your date of conviction, and any changes in the law.
Do I Need an Attorney for Help With Felony Expungement?
If you want to learn more about expunging a conviction in Indiana or check your eligibility for felony expungement, think about talking to an Indiana expungement lawyer through LegalMatch. A local Indiana lawyer can advise you on the steps, handle the paperwork, and help you avoid pitfalls that might delay or derail your petition.
