Indiana Misdemeanor Expungement Attorneys
Last updated: May 2026
A misdemeanor that is five years in the past can still cost you a job or an apartment in Indiana — landlords and employers run background checks every day and the record does not just expire on its own. Indiana's Second Chance Law (IC 35-38-9-2) lets most misdemeanor convictions be sealed from public background checks, but you have to file the petition and you have to include every other eligible Indiana case in the same filing window.
Who qualifies for Indiana misdemeanor expungement
The basic criteria under IC 35-38-9-2: at least five years have passed since the date of conviction (or any longer period the prosecutor and petitioner agreed to in writing); you have not been convicted of any crime in the past five years; you have no current open criminal cases; all fines, fees, court costs, and restitution from the case have been paid in full; and there is no active suspended driver's license tied to the case.
A Class D or Level 6 felony that was later reduced to a misdemeanor by the court is treated like a misdemeanor and uses the same five-year clock.
What sealing under IC 35-38-9-2 actually does
For misdemeanors, Indiana courts seal the record from public view. Private background-check companies and most employers, landlords, and licensing bodies should no longer see the case. Law enforcement, the courts, and a narrow list of regulated employers (some healthcare and education roles) can still see it.
Indiana goes a step further than most states: IC 35-38-9-10 makes it unlawful for most employers to refuse to hire, fire, or discriminate against a person because of a sealed conviction, and forbids most job applications from asking about sealed records.
How an Indiana misdemeanor expungement actually works
The petition is filed in the court that handled the original conviction — usually a county circuit, superior, or city court. The prosecutor has 30 days to respond. If the statutory requirements are met and the conviction is on the eligible list, the court generally must grant the petition.
Filing fee is $156 per county (waivable in some hardship situations). Most cases are decided without a hearing within a few months of filing.
The one-petition trap — applies here too
Even if you are only worried about a single misdemeanor, the 365-day window applies. Once you file in one county, every other eligible Indiana conviction across every county has to be filed within 365 days or it cannot be expunged later. This is the single most common way people end up with a partial expungement that they cannot fix.
Practical step: before filing, pull a full statewide criminal-history report through the Indiana State Police so you know exactly what is on your record across every Indiana county.
Talking to an Indiana misdemeanor expungement attorney
Most attorneys handle a single-misdemeanor petition for a flat fee. Useful to ask: do you check every Indiana county before filing, what happens if a case shows up that you did not know about, and how do you protect the 365-day window. ExpungeReady lists licensed Indiana attorneys for informational purposes only; we do not endorse any attorney and do not collect referral fees.
Frequently asked questions
How long after my misdemeanor can I file in Indiana?
Five years from the date of conviction, as long as you have no convictions in the last five years and have paid all court-ordered amounts. The prosecutor and petitioner can agree in writing to a shorter wait but that is not common.
Will my Indiana misdemeanor disappear from background checks?
For most private background checks — yes. The record is sealed from public view, and Indiana law forbids most employers from asking about it or using it against you. Law enforcement and a small set of regulated employers can still see it.
Do unpaid court fees stop my Indiana expungement?
Yes. Indiana requires all fines, fees, court costs, and restitution to be paid in full before the misdemeanor petition can be granted. A payment plan that is current generally counts as paid for this requirement, but check with a licensed attorney.
What happens if I miss a misdemeanor in another Indiana county?
Indiana's one-petition / 365-day rule means anything not filed within 365 days of your first petition cannot be expunged later. Pulling a statewide criminal-history report before filing is the standard way to avoid this.
Find an expungement attorney in Indiana
Browse verified attorneys in Indiana who handle misdemeanor cases. Every listing is built from Indiana State Bar public records.
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