Indiana Second Chance Law Expungement Attorneys

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.

How to file under Indiana's Second Chance Law

1. Verify statewide eligibility. Review every Indiana arrest and conviction to determine which cases fit IC 35-38-9 and which offenses are permanently excluded. Indiana's one-shot rule makes the initial eligibility review critical.
2. Pull statewide criminal history. Order an Indiana State Police statewide criminal-history report so you can identify every eligible case in every county before filing anything.
3. Review the 365-day filing window. Map out when the first petition will be filed and list every other county that needs a matching petition within 365 days so no eligible case is lost.
4. Gather case documents. Collect docket sheets, sentencing orders, discharge paperwork, and proof that fines, fees, and restitution are paid for each case you plan to include.
5. Draft county-specific petitions. Prepare a petition for each court that handled an eligible case, making sure the filings consistently describe your full Indiana record and requested relief.
6. File petition in each court. File the first petition in the proper court, then file every remaining eligible county within the same 365-day window created by IC 35-38-9.
7. Serve prosecutor. Serve the prosecuting attorney in each county so the 30-day response period can run and any objections can be addressed early.
8. Attend hearing if needed. Appear for any hearing the court sets, especially if a prosecutor objects, a higher-level felony needs consent, or the judge wants clarification on eligibility.
9. Receive and distribute order. Once the judge signs the order, confirm the clerk sent it to all relevant agencies and keep certified copies for employers, licensing boards, or background-check corrections.

Statutes cited

• Indiana Code Chapter 35-38-9 (Second Chance Law) — Ind. Code § 35-38-9
• Indiana Code § 35-38-9-10 (Employment protections after expungement) — Ind. Code § 35-38-9-10

Frequently asked questions

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