How long you wait to clear a record in Indiana
How long you wait in Indiana for each kind of case, and what the waiting period is counted from.
Checked against official sources: October 25, 2026.
Short answer
These are the waiting periods in Indiana law. Each one runs from a set event, like the end of your sentence.
- Main remedy
- Expungement of arrest records (IC 35-38-9-1)
- Waiting periods
- Arrest, charge dismissed or acquitted (petition): 1 year, counted from the date of arrest, charge or juvenile allegation, whichever is later
Arrest after June 30, 2022, no charges pending: 1 year, counted from the date of arrest
Misdemeanor conviction: 5 years, counted from the date of conviction
When can I file in Indiana?
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
Waiting periods: 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
Waiting periods: 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
Waiting periods: 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
Source: Official text
Waiting periods: 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
Waiting periods: 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
Waiting periods: 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
Clean Slate relief 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.
July 1, 2022
Law: IC 35-38-9-1(b), added by P.L.14-2022
In nearby states
- Illinois: Arrest without charges, acquittal, dismissal, reversed or vacated conviction: No waiting period, counted from the end of the case
- Kentucky: Acquittal or dismissal with prejudice, petition: If your case was not expunged automatically, you can petition 60 days after the acquittal or dismissal with prejudice, counted from the order of acquittal or dismissal
- Ohio: Found not guilty or case dismissed: No waiting period, counted from the not-guilty finding or dismissal
Steps after the wait in Indiana
Find your dates
Use the dates on your court papers, not your memory.
Read the full rule
Some offenses are never eligible, and a new case can restart or stop the clock.
Get the forms
Once enough time has passed, see how to file. How to file.
Talk to legal aid
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 waiting periods in Indiana
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.
How long do I have to wait in Indiana?
Arrest, charge dismissed or acquitted (petition): 1 year, counted from the date of arrest, charge or juvenile allegation, whichever is later; Arrest after June 30, 2022, no charges pending: 1 year, counted from the date of arrest; Misdemeanor conviction: 5 years, counted from the date of conviction; Class D / Level 6 felony conviction: 8 years, counted from the date of conviction.
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.
Where can I get free help in Indiana?
Indiana Legal Services: Criminal Record Expungement and Indiana Legal Help (find legal clinics by county).