What Happens If You Forget to Include a Case in Your Indiana Expungement Petition?
Filing an expungement petition in Indiana can be life-changing. Clearing your record can open doors to better jobs, professional licenses, housing, and peace of mind. But Indiana’s expungement law is unforgiving in one critical respect: you generally only get one chance.
So what happens if you forget to include a case in your expungement petition?
A recent Indiana Court of Appeals decision provides a clear—and cautionary—answer.
Indiana Expungement Is Usually a One-Time Opportunity
Indiana’s expungement statute is found at Indiana Code 35-38-9. One of its most important features—and biggest traps—is the “once-in-a-lifetime” rule.
For most convictions, Indiana law provides that:
You may file only one expungement petition in your lifetime
That petition should include all eligible cases
Filing too early or leaving something out can permanently limit relief
This makes planning the timing and scope of an expungement petition just as important as the filing itself.
Can You Amend an Expungement Petition If You Missed a Case?
The Short Answer
Sometimes—but not always.
Indiana Code § 35-38-9-9(k) allows amendments only in very narrow circumstances. A court may allow you to supplement or amend a petition only if:
You filed the original petition in good faith
The omission was due to:
excusable neglect, or
circumstances beyond your control
Allowing the amendment is in the best interests of justice
That sounds flexible—but courts apply this rule strictly.
The Chastain Case: A Hard Lesson in Timing
In Chastain v. State (2025), the Indiana Court of Appeals addressed what happens when someone leaves out a case because it was not yet eligible for expungement at the time of filing.
What Happened?
Mr. Chastain filed an expungement petition in 2021
He included six eligible cases
He did not include a seventh felony case because it was still within the statutory waiting period
The court granted the expungement
Years later, once the seventh case became eligible, he tried to:
either file a new expungement petition, or
amend the original petition to add the missing case
The trial court said no. The Court of Appeals affirmed.
Why the Court Rejected the Amendment
The Court of Appeals made several key points that matter for anyone considering expungement in Indiana:
1. Filing Too Early Is a Choice—Not “Beyond Your Control”
The court held that the reason the case was omitted mattered.
The case was not forgotten
It was not unknown
It was not missing due to lost records or clerical error
Instead, it was omitted because the petitioner chose to file before it became eligible.
The court ruled that choosing when to file is within the petitioner’s control, and therefore does not qualify as excusable neglect or circumstances beyond control.
2. Waiting Periods and the One-Time Rule Work Together
Indiana’s expungement scheme is intentional:
Mandatory waiting periods ensure people remain law-abiding
The one-time filing rule prevents rolling or serial expungements
The court emphasized that allowing people to file early and “add cases later” would make the once-in-a-lifetime rule meaningless.
3. You Can’t Fix the Problem Later
Once the original petition was granted:
A new petition was barred
Amendment was barred
The omitted case was permanently excluded from expungement
This is the nightmare scenario expungement lawyers warn about.
Common Ways People Accidentally Ruin an Expungement
From real cases, these are the most common mistakes:
Filing Too Early - People rush to file as soon as some cases are eligible instead of waiting until all are.
Missing Out-of-County Cases - Indiana allows filing across counties—but you must include them within the statutory timeframe.
Overlooking Older or Minor Cases - Dismissed cases, arrests without convictions, or old misdemeanors are often accidentally left out.
Relying on Background Checks Instead of Court Records - Background checks are incomplete. Courts rely on official CCS and case numbers.
When Amendments Might Still Be Allowed
The Chastain decision does not eliminate amendments entirely. Courts may still allow supplementation when:
Records truly could not be located despite diligence
Clerical or administrative errors caused omission
A disaster or external event prevented inclusion
The omission was accidental, not strategic
But waiting for eligibility is not enough.
Why This Matters for Jobs and Licensing
Many people pursue expungement to:
Qualify for professional licenses
Start a business
Pass healthcare or education background checks
Restore housing or employment eligibility
Missing a single case can mean:
A license denial years later
A background check flag you thought was gone
Permanent inability to clear that record
How to Protect Yourself Before Filing an Indiana Expungement Petition
Before filing, you should:
Pull your complete Indiana criminal history
Confirm eligibility dates for every case
Verify county-by-county records
Decide whether waiting longer yields a better result
Plan the petition strategically—not emotionally
This is not an area where speed helps.
Final Takeaway: One Shot Means One Shot
Indiana expungement law rewards patience and precision. If you file too early or forget a case, the law may not give you a second chance—even if the omission feels reasonable in hindsight.
The Chastain decision makes one thing clear: timing is everything.
Need Help With an Indiana Expungement?
If you are considering expungement—or already worried you might have missed something—do not guess.
At Vining Legal, we regularly:
Review complete criminal histories
Map eligibility timelines
Coordinate multi-county filings
Prevent costly, irreversible mistakes
Schedule a free consultation today to make sure your expungement petition is done right the first time. Call or text (317) 759-3225 or schedule an appointment here.
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