How Often Can You File for Expungement in Indiana?
Introduction: You May Only Get One Shot—Make It Count
Expungement in Indiana is a powerful tool for clearing your criminal record, but it comes with a serious limitation: you usually only get to file once.
This blog post explains how many times you can file for expungement in Indiana, what exceptions may apply, and why it's essential to get it right the first time.
📌 For most cases, expungement is a one-time opportunity under Indiana law—so planning and execution are key.
Indiana’s One-Time Expungement Rule
Under Indiana Code § 35-38-9, you can only petition for expungement once per lifetime for most criminal records. That means:
You cannot come back years later and add additional eligible cases.
If you forget a case in one county or make a mistake in filing, you may lose your opportunity to expunge those records forever.
Warning: This applies even if you qualify under different expungement categories (e.g., a misdemeanor and a felony).
What the Law Actually Says
Here’s how it works in practice:
You can file multiple expungement petitions if you have records in different counties, but they must all be filed within one year of your first filing.
All eligible cases must be filed together—or at least during that one-year window.
✅ Example:
You file for expungement in Marion County on April 1, 2025.
You must file for expungement in any other county by April 1, 2026—or risk losing the ability to expunge those cases.
Exceptions to the One-Time Rule
There are very few exceptions to the one-time expungement rule. However, in some limited cases, you may be allowed to refile if:
Your case was denied solely due to a filing error or court mistake (and you file a motion to reconsider promptly).
You were seeking expungement of an arrest-only record under Section 1 (which may be filed more than once under some interpretations).
📌 But in general: conviction-related expungements are a one-time-only deal.
What Happens If You Forget a Case or File Incorrectly?
If you:
Leave out an eligible conviction,
File in the wrong county,
Miss the deadline for your remaining cases…
...you may permanently lose the chance to expunge those records.
That’s why it's crucial to:
✅ Run a full background check before filing.
✅ Verify all counties where you’ve had criminal charges.
✅ Get professional legal guidance to organize your filings correctly.
Can You File Again If Your Petition Was Denied?
Sometimes, yes. If your petition was denied for procedural reasons (e.g., missing paperwork, early filing, or unpaid fees), you may be able to refile once the issue is fixed.
However, if your expungement was denied on the merits or the court believes your filing was your one allowed attempt, you may not be permitted to refile.
👉 If your expungement was denied, read our guide: Why Your Expungement Might Be Denied—and What to Do Next
Tips to Maximize Your One Chance
Collect All Court Records First – Search mycase.in.gov and request your criminal history from the Indiana State Police.
List Every Eligible Case in Every County – No case left behind.
File Petitions in All Counties Within One Year – Start a filing calendar and stick to it.
Double-Check Eligibility – Each charge must meet the waiting period and be eligible under the law.
Hire an Attorney – Expungement is too important to gamble. An experienced attorney ensures you file correctly the first time.
📞 Need help? Call Vining Legal at (317) 759-3225 for a free consultation.
Frequently Asked Questions
Can I file for expungement more than once in Indiana?
Not usually. You can only file once—unless you’re filing under arrest-only records or had a rare procedural denial that the court allows to be corrected.
What if I’m not sure I listed all counties?
You can run a statewide background check through the Indiana State Police or work with an attorney to ensure full coverage.
Can I refile if I made a mistake?
It depends on the court’s ruling. Some denials can be fixed; others are considered final.
Conclusion: Make Your Expungement Count
Indiana gives most people just one shot at expunging their record. That means you must gather all your eligible cases, file in every county, and do it right the first time.
❗ If you have any doubt—don’t go it alone. This is your one chance to truly move forward.
📞 Call Vining Legal LLC today at (317) 759-3225 or schedule a consultation to make sure your expungement is handled with precision and care.
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