Can a Felony Be Expunged in Indiana? Understanding Your Options
Introduction: Clearing Your Record After a Felony Conviction
A felony conviction can follow you for life, making it harder to find a job, rent an apartment, obtain professional licenses, or regain firearm rights. However, Indiana law allows many felonies to be expunged, giving individuals a second chance.
But not all felonies are eligible, and understanding Indiana’s expungement laws is crucial before filing. One mistake can result in permanent denial of your petition.
This guide explains:
✔ Which types of felonies are eligible for expungement
✔ The waiting period for felony expungements
✔ How multiple convictions impact eligibility
✔ Whether an expunged felony restores gun rights
✔ How the expungement process differs for felonies vs. misdemeanors
✔ Why hiring an attorney improves your chances of approval
📞 Want to clear your record? Contact Vining Legal LLC at (317) 759-3225 or schedule a consultation today.
Can Felonies Be Expunged in Indiana?
🚨 Yes, but not all felonies qualify for expungement.
Under Indiana Code § 35-38-9, many felonies can be expunged if:
✔ The required waiting period has passed
✔ The conviction was not for a violent or sexual offense
✔ There are no pending criminal charges
✔ All court-ordered fines, fees, and restitution have been paid
📌 TIP: Expungement does not erase the conviction completely—law enforcement and courts may still see it, but it will be sealed from public records.
➡ Related Read: Learn who qualifies for expungement in Indiana.
Which Felonies Are Eligible for Expungement?
✅ Felonies That Can Be Expunged
✔ Level 6 Felonies (lowest-level felonies, often reduced from misdemeanors)
✔ Non-violent felonies (such as drug possession, theft, or fraud)
✔ Certain white-collar crimes
✔ Crimes that did not result in bodily harm
📌 TIP: Expunged felony records are sealed from employers, landlords, and the public.
❌ Felonies That CANNOT Be Expunged
Some serious felonies are not eligible for expungement, including:
❌ Homicide or manslaughter
❌ Sex crimes (rape, child molestation, human trafficking)
❌ Official misconduct by public officials
❌ Certain violent crimes (domestic battery, aggravated assault)
📌 TIP: If you are unsure about your eligibility, consult an attorney before filing.
➡ Related Read: Learn how multiple convictions impact expungement.
How Long Do You Have to Wait to Expunge a Felony in Indiana?
⏳ Indiana has strict waiting periods before a felony can be expunged:
| Type of Conviction | Waiting Period |
|---|---|
| Misdemeanors | 5 years from the date of conviction |
| Level 6 Felonies | 8 years from the date of conviction |
| Serious Felonies | 10 years from the date of conviction |
| Felonies with Bodily Injury | Not eligible for expungement |
| Felonies requiring Prosecutor Approval | 10 years from conviction OR 5 years after sentence completion |
📌 TIP: If your conviction was reduced to a misdemeanor, you may be able to file after 5 years instead of 8.
➡ Related Read: Learn how expungement works for misdemeanors.
How Multiple Convictions Affect Expungement Eligibility
Indiana allows a one-time expungement request for all eligible convictions.
🚨 If you forget to include a conviction, you CANNOT file again later.
✔ If you have multiple felonies, you must wait until the longest required waiting period has passed before filing.
✔ All expungement petitions must be filed at the same time, even if convictions are from different counties.
➡ Related Read: Learn how an attorney can speed up the expungement process.
Does Expunging a Felony Restore Gun Rights?
🚨 Not automatically.
🔫 In Indiana, expunging a felony does NOT restore your right to own or carry a firearm.
✔ You may need to file a separate petition with the court to restore firearm rights.
✔ A judge will decide based on your criminal history and risk to public safety.
📌 TIP: If you have a felony conviction and want to restore gun rights, consult an attorney for legal options.
➡ Related Read: Learn how expungement affects gun rights.
How Does the Expungement Process Work for Felonies vs. Misdemeanors?
🚨 Felony expungement is more complicated than misdemeanor expungement.
| Step | Misdemeanor Expungement | Felony Expungement |
|---|---|---|
| Filing a Petition | Required | Required |
| Prosecutor Approval | Not required | Required for certain felonies |
| Court Hearing | Rarely required | Often required for felonies |
| Effect of Expungement | Seals records from public view | Seals records, but law enforcement can still access |
📌 TIP: If your felony case involves victims, serious offenses, or multiple convictions, expect a stricter review process.
Why Hiring an Attorney Increases Your Chances of Approval
📜 Expungement is a one-time opportunity—errors can result in permanent denial.
A lawyer can:
✔ Ensure your petition is filed correctly the first time
✔ Confirm ALL eligible convictions are included
✔ Negotiate with prosecutors to prevent objections
✔ Represent you in court if a hearing is required
📌 TIP: DIY expungement mistakes can cost you your only chance to clear your record.
📞 Want to maximize your chances of success? Contact Vining Legal LLC at (317) 759-3225 or schedule a consultation.
Conclusion: Can You Expunge a Felony in Indiana?
🚨 Yes, but eligibility depends on the type of felony, waiting periods, and court approval.
✔ Many non-violent felonies can be expunged after 8–10 years.
✔ You only get ONE chance to file—don’t make a mistake.
✔ Expungement does NOT automatically restore gun rights.
✔ Hiring an attorney improves your chances of a successful petition.
📞 Ready to clear your record? Contact Vining Legal LLC at (317) 759-3225 or schedule a consultation today.
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