Indiana Felony Expungement Attorneys

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.

How to petition for Indiana felony expungement

1. Verify felony grade. Identify whether the conviction is a Class D / Level 6 felony under IC 35-38-9-3 or a higher felony that requires the IC 35-38-9-4 track.
2. Confirm 8-year wait or 3-year post-sentence rule. Make sure the statutory waiting period has run: eight years from conviction for Level 6/Class D cases, or eight years from conviction or three years after sentence completion (whichever is later) for higher felonies.
3. Pull statewide history. Order an Indiana State Police statewide criminal-history report so every other eligible Indiana case can be planned inside the one-shot filing window.
4. Obtain prosecutor consent if higher felony. For felonies covered by IC 35-38-9-4, start prosecutor outreach early and gather rehabilitation materials because written consent is required before the court can grant relief.
5. Verify financial obligations paid. Confirm all fines, fees, court costs, and restitution are satisfied before the petition is filed.
6. File petition. File the felony petition in the sentencing court with certified case information, proof of discharge, and any supporting declarations or letters.
7. Serve prosecutor. Serve the county prosecutor so the statutory response period begins and any consent or objection is formally documented.
8. Coordinate 365-day window. If you have other eligible Indiana matters, make sure each related petition is filed in the proper county within 365 days of the first petition.
9. Attend hearing. Expect a hearing for many felony cases, especially higher felonies requiring prosecutor consent or court discretion.
10. Receive order. If the petition is granted, obtain certified copies of the order and verify agencies update the record to sealed or marked-expunged status as required.

Statutes cited

• Indiana Code § 35-38-9-3 (Class D / Level 6 felony expungement) — Ind. Code § 35-38-9-3
• Indiana Code § 35-38-9-4 (Higher-felony expungement with prosecutor consent) — Ind. Code § 35-38-9-4

Frequently asked questions

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Browse verified attorneys in Indiana who handle felony cases. Every listing is built from Indiana State Bar public records.