Indiana Felony Expungement Attorneys
Last updated: May 2026
A felony conviction in Indiana is not always permanent. The Second Chance Law lets most Class D / Level 6 felonies be sealed eight years after the conviction, and even some higher-level felonies can be marked expunged with prosecutor consent. But Indiana's one-petition / 365-day rule applies to felonies the same as misdemeanors — filing the wrong way can permanently lock out the rest of your record.
Which Indiana felonies qualify for expungement
Indiana splits felony expungement into two main tracks.
Class D / Level 6 felony, not reduced to a misdemeanor (IC 35-38-9-3): eight years after conviction; the petition grant is largely mandatory if the requirements are met; the record is sealed from public view.
Higher felonies — Class C, B, A or Level 1-5 — that the statute allows (IC 35-38-9-4): eight years after conviction or three years after sentence completion, whichever is later; written prosecutor consent is required; the record stays visible but is marked as expunged.
A Class D / Level 6 felony that the court reduced to a misdemeanor is treated as a misdemeanor — five-year wait under IC 35-38-9-2.
Statutory bars: serious sex offenses, official misconduct, homicide convictions, and certain violent felonies are excluded from expungement entirely.
What "marked expunged" vs "sealed" actually means
For Class D / Level 6 felonies under IC 35-38-9-3, the record is sealed from public view. Private background-check companies and most employers should no longer see the case.
For higher felonies under IC 35-38-9-4, the record stays publicly visible but is required to be marked as expunged. Indiana law (IC 35-38-9-10) makes it unlawful for most employers to refuse to hire, fire, or discriminate against a person because of a marked-expunged conviction, with exceptions for some regulated occupations.
The prosecutor-consent problem
For higher felonies, the prosecutor has to agree in writing before the court can grant expungement. Prosecutors vary widely county by county on what they will agree to. A licensed Indiana attorney with experience in your county usually knows what arguments tend to work, what supporting documents (rehabilitation, employment history, character letters) the local prosecutor expects, and what is realistic before you file.
If the prosecutor refuses, the case generally cannot be expunged, and the 365-day window may still close on your other eligible cases. This is a significant strategic question to think through before filing.
How the felony process works step by step
The petition is filed in the court that handled the original conviction. Filing fee is $156 per county (waivable in some hardship situations). The prosecutor has 30 days to respond. For Class D / Level 6 felonies, the court generally must grant the petition if requirements are met. For higher felonies, a hearing is more common and the court has discretion.
Total cost typically ranges from $1,000 to $3,000 per petition for higher felonies, more if multiple counties or contested cases are involved.
The one-petition rule — why felony cases make this harder
Indiana's 365-day window applies across all your Indiana cases regardless of level. Filing a single felony petition without coordinating every other eligible case can permanently lock out the rest of your record. Felonies make the planning harder because each higher-felony case may need separate prosecutor negotiation, and the 365-day clock is running the whole time.
A licensed Indiana attorney typically pulls a statewide criminal-history report, identifies every eligible case across every county, sequences the prosecutor negotiations, and coordinates the filings inside the 365-day window.
Talking to an Indiana felony expungement attorney
Useful questions to ask: have you handled higher-felony petitions in this specific county, what is your read on the local prosecutor, what does your fee cover if the prosecutor objects or asks for a hearing, and how do you handle the 365-day window when prosecutor negotiations take longer than expected. ExpungeReady lists licensed Indiana attorneys for informational purposes only; we do not endorse any attorney and do not collect referral fees.
Frequently asked questions
Can a Class D or Level 6 felony be expunged in Indiana?
Yes — eight years after conviction under IC 35-38-9-3. If it was reduced to a misdemeanor by the court, the wait drops to five years. The record is sealed from public view and most private background checks should stop returning it.
Can a higher-level Indiana felony be expunged?
Many can, under IC 35-38-9-4, but written prosecutor consent is required. The wait is eight years from conviction or three years from sentence completion, whichever is later. The record stays publicly visible but is marked as expunged, and most employers cannot legally use it against you.
Which Indiana felonies cannot be expunged?
Serious sex offenses, official misconduct, homicide convictions, and certain violent felonies are statutorily excluded from expungement under the Second Chance Law.
Does prosecutor consent really matter?
For higher felonies — yes, it is required by statute. Without written prosecutor consent, the court generally cannot grant the petition. Local prosecutors vary widely on what they will agree to, which is why most people use an attorney who regularly practices in the county where the case happened.
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