Expungement of arrest records (IC 35-38-9-1) in Indiana: which records can be cleared
Each way to clear a record in Indiana, what it covers, the exclusions and the effect.
Checked against official sources: October 25, 2026.
Short answer
In Indiana it is called expungement (sealing) and "marked as expunged": expungement of arrests, misdemeanors and most Level 6 / Class D felonies seals the records from the public. Some misdemeanor and felony convictions may be cleared, and Indiana also clears some records automatically.
- Main remedy
- Expungement of arrest records (IC 35-38-9-1)
- What it covers
- Arrests, charges and juvenile allegations that did not lead to a conviction (including cases that ended only in an infraction), and convictions that were vacated.
- Ways to clear a record
- 6
- Automatic relief
- Yes
Ways to clear a record in Indiana
Expungement (sealing) and "marked as expunged" — In Indiana, expungement of arrests, misdemeanors and most Level 6 / Class D felonies seals the records from the public; they are not destroyed. For more serious felonies the records stay public but are marked as expunged, and either way your rights are restored and most employers may not hold the record against you.
Indiana has 6 ways to clear a record. Each covers different records and has its own waiting period.
Expungement of arrest records (IC 35-38-9-1)
Arrests, charges and juvenile allegations that did not lead to a conviction (including cases that ended only in an infraction), and convictions that were vacated.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Arrest, charge dismissed or acquitted (petition) | 1 year You can petition 1 year after the arrest or charge, or sooner if the prosecutor agrees in writing. | The date of arrest, charge or juvenile allegation, whichever is later |
Arrest after June 30, 2022, no charges pending | 1 year If 1 year has passed and no charges are pending, the judge must order the arrest records expunged on your petition. | The date of arrest |
- Not eligible
- You cannot use this while you are in a pretrial diversion program unless the prosecutor allows it, or while charges are pending.
- Limits
- No limit; you can expunge non-conviction records as many times as needed.
Law: IC 35-38-9-1
Source: Official text
Expungement of misdemeanor convictions (IC 35-38-9-2)
Misdemeanor convictions, including Class D or Level 6 felonies that were reduced to misdemeanors.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Misdemeanor conviction | 5 years You can file 5 years after the conviction (sooner if the prosecutor agrees in writing), if you have had no new conviction in the last 5 years. | The date of conviction |
- Not eligible
- Sex or violent offenders; people with two or more unrelated felonies involving unlawful use of a deadly weapon.
- Limits
- You can petition to expunge convictions only once in your lifetime. Include every conviction you want expunged; petitions in different counties count as one if filed within 365 days.
Law: IC 35-38-9-2, -6, -8, -9
Source: Official text
Expungement of Class D / Level 6 felony convictions (IC 35-38-9-3)
Class D felonies (crimes before July 1, 2014) and Level 6 felonies (after June 30, 2014).
| Kind of case | Waiting period | Counted from |
|---|---|---|
Class D / Level 6 felony conviction | 8 years You can file 8 years after the conviction (sooner if the prosecutor agrees in writing), if you have had no new conviction in the last 8 years. | The date of conviction |
- Not eligible
- Sex or violent offenders; felonies that caused bodily injury; perjury; official misconduct; homicide offenses, human trafficking and sex crimes; officials convicted while in office; two or more unrelated deadly-weapon felonies.
- Limits
- One conviction-expungement petition per lifetime (see misdemeanor rule).
Law: IC 35-38-9-3, -6; IC 35-42-1; IC 35-42-3.5; IC 35-42-4
Source: Official text
Marked as expunged: other felonies (IC 35-38-9-4)
Felonies that do not qualify under section 3 (for example, older Class A, B, C felonies and Level 1-5 felonies) that did not cause serious bodily injury or death.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Felony not eligible under section 3 | 8 years You can file 8 years after the conviction or 3 years after your sentence ends, whichever is later, if you have had no new conviction in the last 8 years. | The date of conviction, or 3 years after you complete the sentence, whichever is later |
- Not eligible
- Sex or violent offenders; felonies causing serious bodily injury or death; official misconduct; homicide, trafficking and sex offenses (including attempts); officials convicted in office; two or more unrelated deadly-weapon felonies; unlawful possession of a firearm by a serious violent felon.
- Limits
- One conviction-expungement petition per lifetime.
Law: IC 35-38-9-4, -7
Source: Official text
Marked as expunged: serious felonies with prosecutor consent (IC 35-38-9-5)
Other felonies, including felonies that caused serious bodily injury, offenses by elected officials or judicial officers (other than official misconduct in office), and official misconduct by a person who is not an elected official or judicial officer.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Serious felony | 10 years You can file 10 years after the conviction or 5 years after your sentence ends, whichever is later, if you have had no new conviction in the last 10 years. | The date of conviction, or 5 years after you complete the sentence, whichever is later |
- Not eligible
- Sex or violent offenders; felonies resulting in death; homicide, trafficking and sex offenses (including attempts); official misconduct by an official in office; two or more unrelated deadly-weapon felonies; serious violent felon in possession of a firearm.
- Limits
- One conviction-expungement petition per lifetime. You must attach the prosecutor's written consent.
Law: IC 35-38-9-5, -7
Source: Official text
Limited criminal history restriction (IC 35-38-5-5)
Your whole Indiana State Police limited criminal history, for people who cannot or do not expunge.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Any convictions | 15 years After 15 years you can ask the State Police to release your limited criminal history only to criminal justice agencies. | Discharge from probation, imprisonment or parole for your last conviction, whichever is later |
Law: IC 35-38-5-5
Source: Official text
What changes afterwards
After expungement you are treated as if you had never been convicted, and your civil rights (vote, office, jury service, firearms except for domestic violence) are restored. Applications may only ask about records "that have not been expunged," and it is unlawful to refuse to hire, license or admit you because of an expunged or sealed record. Exceptions: law enforcement, probation and community corrections employers, schools, the bar, mortgage-licensing (SAFE Act) checks and federal CDL reporting; an expunged conviction can still count if you are charged with a new crime.
Law: IC 35-38-9-6, -10
Clean Slate relief in Indiana
- Law
- Automatic expungement of dismissed and acquitted cases
- What is cleared
- For charges filed after June 30, 2022, when a court dismisses all charges, you are acquitted of all charges, or your conviction is vacated, the court must immediately order the records expunged without a petition. The order takes effect 60 days later (the prosecutor can ask to delay it up to 1 year). Convictions are never expunged automatically.
- Started
- July 1, 2022
Law: IC 35-38-9-1(b), added by P.L.14-2022
Juvenile records
For children adjudicated delinquent after June 30, 2021, the juvenile court must automatically expunge records of non-felony acts (other than certain gun offenses) when the child turns 19 or one year after discharge, whichever is later, unless that would not serve the interests of justice. Other juvenile records can be expunged by petition.
Law: IC 31-39-8-3.5
Pardons in Indiana
- Who decides
- The Governor, after an investigation and recommendation by the Indiana Parole Board
- How
- Download the Pardon Packet from the Parole Board, complete it, and mail it to the Parole Board office (402 W. Washington Street, Room W466, Indianapolis, IN 46204). The Board holds a hearing and sends its recommendation to the Governor.
Law: IC 11-9-2
In nearby states
Steps to clear a record in Indiana
Start with your record
Get a copy of your record so you know each case and how it ended. Indiana Legal Help (Indiana Coalition for Court Access): Expungement and Indiana Legal Help: Expungement FAQ.
Check the waiting period
Each kind of case has its own waiting period. Waiting periods.
File with the court
You file the request in the court that handled the case. How to file.
Get help
Ask for free help: Indiana Legal Services: Criminal Record Expungement and Indiana Legal Help (find legal clinics by county).
Where to get free help in Indiana
Questions about clearing a record in Indiana
What does Indiana call expungement?
Expungement (sealing) and "marked as expunged". In Indiana, expungement of arrests, misdemeanors and most Level 6 / Class D felonies seals the records from the public; they are not destroyed. For more serious felonies the records stay public but are marked as expunged, and either way your rights are restored and most employers may not hold the record against you.
Which records can be cleared in Indiana?
Expungement of arrest records: Arrests, charges and juvenile allegations that did not lead to a conviction (including cases that ended only in an infraction), and convictions that were vacated. Expungement of misdemeanor convictions: Misdemeanor convictions, including Class D or Level 6 felonies that were reduced to misdemeanors. Expungement of Class D / Level 6 felony convictions: Class D felonies (crimes before July 1, 2014) and Level 6 felonies (after June 30, 2014). Marked as expunged: other felonies: Felonies that do not qualify under section 3 (for example, older Class A, B, C felonies and Level 1-5 felonies) that did not cause serious bodily injury or death. Marked as expunged: serious felonies with prosecutor consent: Other felonies, including felonies that caused serious bodily injury, offenses by elected officials or judicial officers (other than official misconduct in office), and official misconduct by a person who is not an elected official or judicial officer. Limited criminal history restriction: Your whole Indiana State Police limited criminal history, for people who cannot or do not expunge.
Is there a Clean Slate law in Indiana?
For charges filed after June 30, 2022, when a court dismisses all charges, you are acquitted of all charges, or your conviction is vacated, the court must immediately order the records expunged without a petition. The order takes effect 60 days later (the prosecutor can ask to delay it up to 1 year). Convictions are never expunged automatically.
What happens to juvenile records in Indiana?
For children adjudicated delinquent after June 30, 2021, the juvenile court must automatically expunge records of non-felony acts (other than certain gun offenses) when the child turns 19 or one year after discharge, whichever is later, unless that would not serve the interests of justice. Other juvenile records can be expunged by petition.
What changes after a record is cleared in Indiana?
After expungement you are treated as if you had never been convicted, and your civil rights (vote, office, jury service, firearms except for domestic violence) are restored. Applications may only ask about records "that have not been expunged," and it is unlawful to refuse to hire, license or admit you because of an expunged or sealed record. Exceptions: law enforcement, probation and community corrections employers, schools, the bar, mortgage-licensing (SAFE Act) checks and federal CDL reporting; an expunged conviction can still count if you are charged with a new crime.