Indianapolis Expungement Attorney

Want to have a criminal arrest or conviction expunged from your record? The best way to succeed is to retain an experienced Indiana expungement attorney.

The experienced expungement attorneys at Gemma & Karimi have processed hundreds of expungement petitions with an excellent record over the years. Our expungement law attorneys will shepherd your expungement petition carefully through the legal process to ensure that it is handled flawlessly. Interested in expunging an arrest or conviction from your record? Contact us today at (317) 602-5970 for an immediate legal consultation. Our expungement attorneys were named to the Super Lawyers Rising Star List in 2018, 2019, and 2020.

Understanding Expungement Law in Indiana

Indiana’s expungement law, often called the “Second Chance Law,” allows individuals to seal or clear certain criminal records, offering a fresh start by reducing the long-term impact of past mistakes. This law is designed to help people move forward without the burden of a criminal history affecting opportunities like employment, housing, or education. Here’s a breakdown of how it works.

Expungement Eligibility

Eligibility for expungement depends on the type of record and the circumstances. An experienced Indianapolis expungement attorney can help determine whether your case qualifies. For arrests or charges that didn’t lead to a conviction—such as cases dismissed, acquitted, or resolved through a pretrial diversion program—expungement is possible after a one-year waiting period from the date of arrest or charges, assuming no new charges are pending.

A significant update in 2022 made this process automatic for arrests after June 30, 2022, that don’t result in charges within 180 days, or for charges dismissed or acquitted after that date. Expungement occurs 60 days after the resolution unless the prosecutor objects.

Expungement for Convictions Varies

For convictions, the rules vary by offense level. An experienced expungement attorney can review your record and help determine when you become eligible. Misdemeanors and certain low-level felonies can be expunged five years after the conviction date, provided all fines, fees, and restitution are paid and there are no new convictions or pending charges. Higher-level felonies—such as Class D or Level 6 felonies not reduced to misdemeanors—require an eight-year wait from the conviction date or three years after completing the sentence, whichever is later.

More serious felonies may also be eligible after eight years, but approval is discretionary and often requires a hearing and the prosecutor’s consent. Having an expungement attorney guide you through this process can significantly improve your chances of a favorable outcome.

Serious Violent and Sex Crimes Don’t Qualify

Not all offenses qualify. Serious crimes like murder, voluntary manslaughter, sexual offenses, or felonies causing death are ineligible. Neither are convictions involving two or more separate felony incidents with a deadly weapon. Indiana law also limits individuals to one lifetime expungement petition for convictions, so all eligible records must be included in a single filing, across all counties where convictions occurred, within a one-year window.

What Expungement Means

If granted, expungement seals records from public view, meaning they won’t appear on most background checks for jobs or housing. However, law enforcement, courts, and certain agencies can still access them, and they may be unsealed if you face new charges. For employment purposes, you can legally say you haven’t been convicted of an expunged offense in most cases, though exceptions apply for law enforcement jobs.

Rely on an experienced Indianapolis expungement attorney to help you with the expungement process.

Facing criminal charges in Indianapolis?

Call our Indianapolis Criminal Defense Lawyer at (317) 602-5970 or fill out our online contact form today to schedule a free consultation!

Types of Expungements in Indiana

In Indiana, expungement law provides several pathways to seal or clear criminal records. These different categories aren’t formally labeled in the statutes but are commonly understood based on the sections of the Indiana Code. The major categories for expungement in Indiana are:

Arrests or Charges Without Conviction

This applies to arrests, charges, or juvenile delinquency allegations that didn’t result in a conviction—such as cases dismissed, acquitted, or resolved through a pretrial diversion program. You can petition to seal these records one year after the arrest or charge date, as long as no new charges are currently pending. An experienced expungement attorney can help ensure your petition meets all procedural requirements and deadlines.

Since a 2022 update, this process has been automatic for arrests after June 30, 2022, that don’t lead to charges within 180 days, or for cases dismissed or acquitted after that date. Expungement occurs 60 days after resolution unless the prosecutor objects. Once sealed, these records are removed from public access, though law enforcement agencies still retain visibility for limited purposes.

Misdemeanor Convictions

If you were convicted of a misdemeanor—including felonies reduced to misdemeanors at sentencing—you can petition for expungement five years after the conviction date. You must have no pending charges, no new convictions, and must have paid all fines, fees, and restitution. Working with an experienced expungement attorney ensures that your petition is properly filed and that all statutory requirements are met. Courts must grant expungement if you meet the criteria; it’s not discretionary. Once approved, the conviction is removed from public background checks, giving you a clean slate for most employment and housing opportunities.

Low-Level Felony Convictions

This covers Class D felonies (pre-2014) or Level 6 felonies (post-2014) that weren’t reduced to misdemeanors. The waiting period is eight years from the conviction date or three years after completing your sentence (including probation), whichever is later. You need a clean record like misdemeanors since the conviction and all financial obligations have been settled. Expungement is mandatory if you qualify, sealing the record from public access.

Higher-Level Felony Convictions

For more serious felonies, Class A, B, or C (pre-2014) or Levels 1-5 (post-2014), expungement is possible but more complicated. The same eight-year-from-conviction or three-year-post-sentence timeline applies, with no new convictions or pending charges and all payments cleared. Unlike lower-level offenses, this isn’t automatic; the court has discretion and often requires a hearing. Prosecutors can weigh in, and you’ll need to show rehabilitation, such as steady work or community service, to convince the judge.

Qualifying for expungement may be difficult, but it is best accomplished with your Indiana expungement attorney.

Eligibility for Record Expungement in Indiana

Eligibility for record expungement in Indiana depends on the nature of the situation, including whether it is an arrest or a conviction. Also relevant are the type of offense, your actions since, and how much time has passed:

Arrests or Charges Without Conviction

You’re eligible to expunge records of arrests, charges, or juvenile delinquency allegations that didn’t lead to a conviction if:

Waiting Period: At least one year has passed since the arrest or charge date.
No Pending Charges: You have no current charges against you.
Automatic Option: For arrests after June 30, 2022, that don’t result in charges within 180 days, or for charges dismissed/acquitted after that date, expungement happens automatically 60 days after resolution unless the prosecutor objects. Otherwise, you can petition manually after the one-year mark.

No serious restrictions apply – just time and a clean record since the event.

Convictions

For convictions, eligibility varies by offense level, with stricter rules for more serious crimes. Standard requirements across all conviction types include:

No New Convictions: You must have no convictions since the one you’re seeking to expunge.
No Pending Charges: No active cases against you.
Fines and Fees Paid: All court-ordered financial obligations (fines, fees, restitution) must be settled.
One-Time Limit: You get one lifetime petition for all convictions, so you must include every eligible conviction across all counties in a single filing within a year.

Misdemeanors

Eligible Offenses: Any misdemeanor, including felonies reduced to misdemeanors at sentencing.
Waiting Period: Five years from the conviction date.
Approval: Mandatory if you meet the criteria – no court discretion.Low-Level Felonies
Eligible Offenses: Class D Felonies (pre-2014) or Level 6 Felonies (post-2014) not reduced to misdemeanors.
Waiting Period: Eight years from the conviction date or three years after completing your sentence (including probation), whichever is later.
Approval: Mandatory if requirements are met.

Higher-Level Felonies

Eligible Offenses: Class A, B, or C Felonies (pre-2014) or Level 1-5 felonies (post-2014), unless excluded.
Waiting Period: Eight years from the conviction date or three years after sentence completion, whichever is later.
Approval: Discretionary – court decides after a hearing, often with prosecutor input. You’ll need to show rehabilitation.

Serious Felonies with Prosecutor Consent

Eligible Offenses: Some higher-level felonies not covered under mandatory expungement, if the prosecutor agrees.
Waiting Period: Same as above—eight years from conviction or three years post-sentence.
Approval: Discretionary, requiring both court approval and prosecutor sign-off.

Ineligible Offenses

Some records can’t be expunged, no matter the circumstances:

Violent Crimes: Murder, voluntary manslaughter, or felonies causing death.
Sex Offenses: Most sexual crimes, like rape or child molestation.
Multiple Deadly Weapon Incidents: Convictions from two or more felony incidents involving a deadly weapon.
Public Safety Concerns: Offenses deemed too severe for relief, such as embezzlement or public corruption, are often tied to public office or trust.

Expungement eligibility is complex, and whether you qualify depends on your charge/crime, and how you have lived since the incident. An experienced Indiana expungement attorney can review your case for free today and determine if you are eligible for expungement.

The Expungement Process in Indiana

The expungement process in Indiana is a legal path to clear or seal your criminal records. The process varies a bit based on whether you need to expunge a conviction or an arrest, but the process is the same. Here is how the process works, and talk to your expungement lawyer if you have questions:

Step 1: Determine Eligibility

First, you need to confirm you qualify:

Arrests/Charges Without Conviction: There have been no pending charges for one year since the arrest/charge. This is automatic for post-June 30, 2022 arrests (no charges within 180 days) or dismissed/acquitted cases (60 days post-resolution) unless contested.
Misdemeanors: Five years since conviction, no new convictions/charges, all fines paid.
Low-Level Felonies (Class D/Level 6): Eight years from conviction or three years post-sentence, same conditions.
Higher-Level Felonies: Same timeline, but discretionary and may need prosecutor consent.
Ineligible: Murder, sex offenses, etc., are ineligible for expungement. To ensure you qualify, your attorney should help you review your criminal record, including dates, offenses, and payment status.

Step 2: Gather Information

You’ll need the following information:

Criminal History: Get your full record from the Indiana State Police or local court clerk. Include arrests and convictions from all counties.
Case Details: Docket numbers, conviction dates, and sentencing info for each record you’re targeting.
Proof of Compliance: Receipts or court docs showing fines, fees, and restitution are paid.
Personal Evidence: For discretionary cases (higher felonies), collect proof of rehabilitation, including job history, letters of support, or community involvement records.

Step 3: Prepare the Petition

Form: Indiana doesn’t mandate a statewide form, but most courts use a standard “Petition for Expungement.” Include:
- Your name, contact info, and case details.
- The specific statute that deals with your case.
- A list of all records to expunge.
Convictions: You get one lifetime chance, so list all eligible convictions across all counties in this petition. File in each county’s court where a conviction occurred.
Draft Carefully: Errors can delay or derail you. Always have your Indiana expungement attorney draft your expungement documents.

Step 4: File the Petition

Where: Submit to the court handling the original case (e.g., circuit or superior court in the county of arrest/conviction).
Fees are around $157-$200 per county, payable at filing. Some counties waive fees for indigent petitioners. Ask about a fee waiver if you qualify.
Copies: File the original plus copies for the prosecutor and Indiana State Police, who get notice.

Step 5: Prosecutor Review

Notification: The court sends your petition to the prosecutor, who has 30 days to object.
Arrests: Rarely contested unless new charges pop up.
Misdemeanors/Low-Level Felonies: Objections are uncommon if you meet mandatory criteria.
Higher Felonies: Prosecutors often weigh in, mainly if discretionary. They might negotiate or push for a hearing.

Step 6: Court Decision

No Hearing, in most cases: If the paperwork is satisfactory, arrests and mandatory expungements (misdemeanors, low-level felonies) are often approved without a hearing.
Hearing may be needed sometimes: Higher-level felonies or contested cases require you to appear. Your attorney will argue your case, highlight rehabilitation, and compliance. The judge decides based on evidence and the prosecutor’s input.
Timeline: Approval can take weeks to months, depending on court backlog and complexity.

Step 7: After Approval

Order Issued: The court notifies the State Police, BMV, and other agencies to seal your records.
Effect: Sealed from public view—employers or landlords won’t see it on standard checks. In most cases, you can deny the expunged event (except e.g. law enforcement jobs).
Limits: Records aren’t destroyed. The courts and police can still access them, and they may be unsealed if you re-offend.

The expungement process is complicated and many things can go awry if you do not retain an experienced Indiana expungement attorney. Gemma & Karimi have successfully helped many clients charged and convicted of serious crimes with expungement. They can do the same for you, and you will rest assured knowing your expungement process will go off without a hitch.

Why Hire an Indianapolis Expungement Lawyer

Hiring an Indianapolis expungement lawyer at Gemma & Karimi Law will dramatically affect your expungement success. Expungement laws and processes are complicated for non-attorneys to understand. Our criminal defense attorneys have decades of experience with Indiana expungement and will ensure that your expungement is handled flawlessly. Advantages of hiring a skilled Indiana expungement attorney include:

Expertise in the Law

Indiana’s expungement statutes are detailed and specific, your eligibility hinges on offense type, waiting periods, and compliance with conditions like paid fines. An Indiana expungement attorney knows the ins and outs:

Eligibility: They can quickly assess if your arrest or conviction qualifies, and spot exclusions like sex offenses or multiple deadly weapon incidents.
Updates: Your Indiana expungement attorney knows all the current laws, like the 2022 automatic expungement for non-conviction arrests after June 30, 2022, ensuring you don’t miss shortcuts or misstep on deadlines.

Avoiding Costly Mistakes

The expungement process is unforgiving, especially for convictions:

One-Time Rule: You get one lifetime petition for convictions, requiring all eligible records across all counties to be included within a year. If you miss a record or a county, you can never qualify for expungement again. Your Indiana expungement attorney ensures your expungement petition is completed and filed correctly.
Paperwork Precision: Petitions need exact case details, statutes, and proof. Errors, like citing the wrong code or missing a docket number, can lead to rejection. An experienced Indiana expungement attorney gets it right the first time.

Handling Complex Cases

Not all expungements are simple:

Higher-Level Felonies: These are discretionary, often requiring a hearing and prosecutor consent. An Indianapolis lawyer can build a compelling case—highlighting your job stability or clean record since—to sway the court.
Prosecutor Pushback: If the state objects, which is common for a felony case, a lawyer knows how to negotiate or argue effectively, something a layperson might fumble.
Multi-County Filings: Indianapolis pros handle cases spanning Marion County and beyond, coordinating filings to meet the one-year window.

Time and Stress Savings

Expungement involves legwork and time, including gathering records from the Indiana State Police or courts, drafting petitions, and tracking court dates. An Indiana expungement attorney:

Streamlines: They pull records, file in the proper courts, such as Marion County’s circuit or superior courts, and manage deadlines.
Reduces Hassle: You avoid deciphering court jargon or chasing legal clerks, freeing you to focus on work and family.

Maximizing Success

Courtroom Edge: An Indiana expungement attorney’s advocacy can tip the scales in hearings, which may be required for a felony. They present evidence of rehabilitation, like employment or community ties, in a way judges respect.
Local Know-How: Indianapolis attorneys understand regional court quirks and prosecutor tendencies, tailoring your petition for the best shot at approval. Gemma & Karimi attorneys are Indianapolis natives. They know the city, local courts, prosecutors, and judges, so they have a legal edge when overseeing your expungement petition.

Cost vs. Benefit

Hiring costs money, typically $500-$1,500, depending on case complexity, plus filing fees. But there are significant advantages to using an Indiana expungement attorney:

Lost Opportunities: A botched DIY attempt keeps a record visible, potentially costing jobs or housing.
Peace of Mind: Knowing it’s done right, especially with the one-shot limit, justifies the expense for an expungement attorney.

Gemma and Karimi have successfully overseen the expungement petition process for many people charged or convicted of serious crimes. They’ll handle your petition like it’s their own, ensuring that it is completed quickly, efficiently, and error-free.

Frequently Asked Questions About Expungement in Indiana

Expungement is complicated, and legal questions are common from those considering the process:

In Indiana, expungement (often called the “Second Chance Law”) is a legal process that allows you to seal your arrest or criminal conviction records. Once expunged, these records are restricted from public access and generally cannot be seen by private employers, landlords, or the general public, effectively giving you a fresh start.

To expunge a record, you must file a formal civil petition with the court in the county where the conviction or arrest occurred, such as the Marion County Courts. Because Indiana law enforces strict filing rules and specific formatting requirements, we strongly recommend working with an expungement attorney to ensure your petition is accurate and covers all eligible records.

Eligibility generally depends on the nature of your offense and the time that has elapsed since your conviction. To qualify, you typically must wait five years for misdemeanors or eight to ten years for felonies, have absolutely no pending criminal charges, have paid all fines, fees, and court costs in full, and have remained free of any new convictions during the required waiting period.

In Indiana, the terms “expungement” and “sealing” are often used interchangeably because the legal effect is similar. When a record is expunged under current state law, it is technically sealed, meaning it is hidden from public view and private background checks but is not physically destroyed, allowing law enforcement and courts to retain access for limited purposes.

The entire process generally takes between 30 to 180 days from the moment we file your petition with the court. The specific timeline varies depending on whether the county prosecutor chooses to object to your petition, which would require a response, or if the judge decides to schedule a formal hearing before issuing a ruling.

You or your attorney must file a petition in the specific court that entered your conviction or in the county where an arrest occurred if there was no conviction. It is critical to list every single conviction you wish to expunge in this petition because Indiana law generally allows you only one opportunity in your lifetime to file for expungement.

Expungement significantly opens doors to better employment, housing, and professional licensing opportunities by removing the stigma of a criminal record. Once your expungement is granted, you are legally permitted to state on most job applications that you have not been convicted of the crime, and employers are prohibited from using the expunged record as a basis for discrimination.

Expungement does not literally erase the historical fact of the conviction, but it does remove the record from public databases like MyCase.in.gov and most private background checks. While the file is removed from public scrutiny, it still exists within the legal system for limited access by criminal justice agencies, the FBI, and immigration authorities.

Yes, Indiana law now allows for the automatic expungement of certain records, but this applies exclusively to non-convictions. If you were arrested after June 30, 2022, and your charges were dismissed or you were acquitted, the court is required to automatically expunge the record after a short waiting period, whereas older dismissals still require a formal petition.

No, once the court issues an expungement order, the records are removed from public access and should not appear on standard background checks. Private companies that run background checks for employment or housing purposes will not see expunged records, provided they have updated their databases to reflect the court’s order.

Yes, most felony convictions are eligible for expungement under Indiana law. Level 6 felonies generally require an eight-year waiting period, while higher-level felonies, such as Level 5 and above, typically require the prosecutor’s written consent and a waiting period of eight to ten years or more, depending on the severity of the offense.

Generally, no, because Indiana follows a strict “one bite at the apple” rule which means you may only file for expungement once in your lifetime. However, if you have convictions in multiple counties, you are permitted to file separate petitions in those different counties provided they are all filed within a single one-year window.

For many individuals, expunging a felony conviction can successfully restore the status of being a “proper person” to possess a firearm under Indiana state law. However, this is not guaranteed for all offenses, and federal bans may still apply, particularly if your conviction was for a crime involving domestic violence.

You are strictly ineligible for expungement if you have any active or pending criminal charges at the time you wish to file. You must resolve all current criminal cases and ensure you have no new pending charges before you can legally petition the court to clear your old records.

Since you generally only get one chance to file for expungement in your life, any errors in your petition can lead to a denial that might be permanent or cause significant delays. An experienced attorney at Gemma & Karimi ensures your petition is comprehensive, meets all strict statutory requirements, and is effectively argued should a prosecutor raise an objection.

Speak To An Experienced Indiana Expungement Attorney Now

Having an arrest or conviction on your criminal record can damage your life. Getting a job is challenging, landlords don’t want to deal with you, and the personal stigma can weigh on you. However, you may be able to get that record deleted with an expungement. Speak to our skilled Indiana expungement attorneys today to learn if you qualify. Our attorneys have successfully helped hundreds of clients expunge their felonies and arrests. Contact us today at (317) 602-5970 for an immediate legal consultation.