Indiana Second Chance Law Expungement Attorneys
Last updated: May 2026
Indiana's Second Chance Law (IC 35-38-9) is one of the broader expungement statutes in the country, but it has a rule that surprises a lot of people: in most cases you only get one shot. Every eligible conviction across your entire Indiana record generally has to be filed in a single petition. Getting that filing right is what makes the difference between a clean record and a denied petition with no second chance.
What the Indiana Second Chance Law actually does
For arrests that did not lead to conviction, the court orders the records expunged and treats them as if they never existed. For misdemeanor and most lower-level felony convictions, the record is sealed from public view but stays available to law enforcement and certain licensing bodies. For more serious felonies, the record is marked as expunged but remains visible — employers in most cases cannot legally hold the marked-expunged conviction against you.
Practical effect: most private background checks done for jobs, housing, and licensing should stop returning the expunged or sealed cases. Indiana also forbids most employers from asking about expunged records or denying employment because of them (IC 35-38-9-10).
Who qualifies under Indiana's Second Chance Law
Indiana groups eligibility by what happened in the case and what level of offense it was.
Arrest, no conviction (IC 35-38-9-1): petition any time after one year from the arrest if there was no conviction.
Misdemeanor conviction (IC 35-38-9-2): petition five years after the date of conviction; the record is sealed from public view.
Minor Class D / Level 6 felony reduced to a misdemeanor (IC 35-38-9-2): treated like a misdemeanor — same five-year wait.
Class D / Level 6 felony, not reduced (IC 35-38-9-3): eight years from conviction; some serious offenses excluded.
More serious felony (IC 35-38-9-4): eight years from conviction (or three years from sentence completion, whichever is later) plus prosecutor consent.
Most serious felonies and crimes involving official misconduct, sex offenses, or homicide are statutorily excluded from expungement entirely.
The one-petition rule — why this matters
Indiana's expungement system uses a 365-day filing window. Once a person files a petition in one county, every other eligible Indiana conviction must be filed within 365 days in the appropriate counties. Convictions not included in that filing window cannot be expunged later — the right is lost. This is the single most common reason people get a partial expungement and then find out the rest of their record is permanently locked in.
A licensed Indiana attorney typically pulls a statewide criminal-history report, identifies every eligible case across every county, and coordinates the filings inside the 365-day window. Missing a single county is enough to leave a conviction stuck on the record forever.
How the process actually works
The petition is filed in the court that handled the original case. The prosecutor has 30 days to respond. For misdemeanors and minor felonies the court is generally required to grant the petition if the statutory waiting period has been met and the case is on the eligible list. For more serious felonies the prosecutor's written consent is required, and the court has more discretion.
There is a $156 court filing fee per county (waivable in some cases), plus any attorney fees. Total cost typically ranges from $500 to $1,500 per petition, more if multiple counties are involved.
Talking to an Indiana expungement attorney
Most Indiana expungement attorneys offer a free or low-cost initial consultation. Useful things to ask: have you handled multi-county petitions, what does your fee cover if the prosecutor objects, and how do you make sure nothing eligible is missed before the 365-day window closes. 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 many times can I file for expungement in Indiana?
For most people, only once. Indiana's Second Chance Law uses a 365-day window: after the first petition is filed, all other eligible Indiana convictions must be filed in the appropriate counties within 365 days. Anything not included in that window cannot be expunged later.
Will an Indiana expungement show up on a background check?
For arrests with no conviction and most misdemeanors / minor felonies, the records should stop appearing on standard private background checks. For more serious felonies the record stays visible but is marked as expunged, and most employers cannot legally use it against you. Law enforcement and a small set of regulated employers can still see sealed records.
How long do I have to wait to file in Indiana?
One year from the arrest if there was no conviction, five years after a misdemeanor conviction, eight years after a Class D / Level 6 felony, and eight years (or three from sentence completion) for more serious felonies that allow expungement at all.
Do I need a lawyer for an Indiana expungement?
No, but most people use one. The 365-day window and the one-shot rule mean a missed case stays on the record forever. A licensed Indiana attorney runs a statewide criminal-history check and coordinates filings across every county where you have an eligible case.
Find an expungement attorney in Indiana
Browse verified attorneys in Indiana who handle second chance law cases. Every listing is built from Indiana State Bar public records.
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