Expunging Old Convictions in Indiana: A Second Chance

A criminal conviction or arrest can follow you for years, limiting your job opportunities, housing options, and even firearm rights. Even if decades have passed, an old conviction or dismissed charge may still show up on background checks, creating unnecessary barriers to a better future.

Fortunately, Indiana law provides a path to clearing your record through expungement. Whether you were convicted of a crime or arrested but never charged, you may be eligible to have your record sealed or removed from public access.

📞 Need help with an expungement? Contact Vining Legal at (317) 759-3225 for a free consultation.

1. Understanding Indiana Expungement Laws

📌 Legal Authority: Indiana Code § 35-38-9

Expungement is a legal process that seals or removes certain criminal records from public access. Once granted, an expungement can help you move forward without the burden of an old conviction or arrest.

Benefits of Expungement

✔ Better job opportunities – Employers often run background checks, and an expungement can prevent past records from affecting your career.
✔ Easier access to housing – Many landlords reject applicants with criminal records. Expungement can open doors to better housing options.
✔ Restored firearm rights – In some cases, an expungement can restore your ability to legally own a firearm.
✔ Peace of mind – Clearing your record allows you to move forward without the stigma of a past conviction or arrest.

👉 Bottom Line: Expungement offers a fresh start by removing old convictions and arrests from public records.

2. Can You Expunge an Old Conviction or Arrest in Indiana?

General Expungement Eligibility in Indiana

✔ Arrests without Convictions – One-year waiting period from the date of arrest (if no charges were filed or the case was dismissed).
✔ Misdemeanors – Five-year waiting period from the date of conviction.
✔Class D (Level 6) Felonies – Eight-year waiting period from the date of conviction.
✔ Serious Felonies – May require a longer waiting period and court approval.
✔No additional convictions – You cannot have any new criminal convictions during the waiting period.

👉 Bottom Line: If you meet these requirements, you may qualify for an expungement that can clear arrests, dismissed charges, or old convictions.

3. Can Out-of-State Residents Get an Expungement?

If you were convicted or arrested in Indiana but now live in another state, you can still apply for expungement without returning to Indiana.

✔ Your attorney can file the petition on your behalf – You do not need to appear in court in most cases.
✔ Remote representation is available – Our firm can work so you can usually handle everything remotely and keep you informed throughout the process.

📞 If you live outside Indiana but need to expunge an Indiana record, call Vining Legal at (317) 759-3225.

👉 Bottom Line: You don’t have to live in Indiana to clear an Indiana conviction or arrest.

4. Common Reasons to Expunge an Old Conviction or Arrest

Many people seek expungement for practical and personal reasons. Here’s why you might consider clearing your record:

✔ Clearing an Old Arrest That Didn’t Lead to Charges

Even if charges were never filed, an arrest can still appear on background checks. Expunging the arrest record removes it from public view.

✔ Restoring Firearm Rights

Certain felony convictions prevent individuals from owning a firearm. Expungement may restore firearm rights under Indiana law.

✔ Improving Job Prospects

Many employers run background checks, and even old records can make it harder to find work. Expungement removes these records from public access, giving you a fair chance.

✔ Removing Housing Barriers

A criminal record can make it difficult to rent an apartment or buy a home. With an expungement, landlords can no longer use old records against you.

✔ Peace of Mind

Many people want their records cleared simply because they don’t want to be defined by past mistakes. Expungement offers relief and a true second chance.

5. The Expungement Process in Indiana: Step-by-Step

Step 1: Determine Eligibility

✔ Check the waiting period and confirm your conviction or arrest qualifies.

Step 2: File the Expungement Petition

✔ Your attorney will prepare the legal documents and submit the petition to the appropriate court.

Step 3: Court Review and Possible Hearing

✔ In some cases, a hearing is required, especially for more serious convictions.
✔ If no hearing is required, the judge may approve the petition based on the documents alone.

Step 4: Order of Expungement Issued

✔ Once granted, the conviction or arrest is sealed from public records.

👉 Bottom Line: The expungement process typically takes 60-90 days, but working with an attorney ensures faster and smoother results.

6. Why You Need an Attorney for Expungement

While Indiana law allows individuals to file for expungement on their own, the process can be complex.

Benefits of Hiring an Expungement Attorney

✔ Ensures eligibility before filing – Avoids wasting time and court fees.
✔ Properly prepares all legal documents – Any mistake can delay or deny your expungement.
✔ Represents you in court if necessary – Some cases require hearings before a judge.
✔ Faster results – An attorney can streamline the process and ensure everything is handled correctly.

📞 Let Vining Legal handle your expungement. Call (317) 759-3225 today.