Indiana Criminal Expungements

How long do I have to wait to expunge?

Misdemeanors or Lower level Felonies:

For Class A, B, or C misdemeanors, you must wait five or more years from the date of the last conviction. 

• You have waited least eight years from the date you were convicted.
• You have had a clean criminal history for the last eight years prior to the date you wish to file.
• You have paid all fines, fees, court costs, and restitution orders

More Serious Felonies:

For more serious felonies (5,4,3,2,1) you must wait ten years from the date of the conviction, and the consent of the Prosecuting Attorney is required. Eligibility for expungement of major felony convictions requires meeting higher and additional conditions over those required for expungement of lower level offenses.

To qualify for expungement of this class of convictions, you must satisfy the following requirements:

• Eight or more years have passed since your conviction OR three or more years have passed from the completion of your sentence, whichever is later
• You have had no convictions in the eight years prior to requesting expungement
• You have no criminal charges currently pending
• You have paid all fines, fees, court costs, and restitution orders
• You have paid the expungement filing fee

Even if all of these requirements are met, the court may or may not grant the request to expunge major felony conviction records.

Although the above timelines are required by statute, the law does allow the county Prosecutor to waive the five, eight or ten year requirements and allow individuals to petition earlier. This may require a detailed statement from the Petitioner stating what it is they have done differently from the last date of conviction.