Indiana's Second Chance Law — What It Is and How It Works
Indiana enacted its expungement statute — often called the Second Chance Law — in 2013 and has amended it several times since. The statute is codified at IC 35-38-9 and provides a process by which eligible individuals can petition a court to order that their arrest, charge, or conviction records be marked as expunged and directed to be removed from publicly accessible background check systems.
Expungement does not erase the underlying record entirely. Law enforcement agencies retain access to expunged records; the FBI criminal database retains information that may be accessible to federal employers and for certain background checks; and professional licensing bodies may still consider the underlying conduct in their determinations. What expungement does accomplish is significant: it seals the record from the majority of private background check sources that employers, landlords, and others use, and it generally prohibits those entities from asking about or discriminating based on expunged records.
The practical effect of expungement — being able to honestly answer "no" on most job applications and rental applications — can change the trajectory of a person's life. Employment, housing, and educational opportunities that were foreclosed by a visible criminal record become accessible. That is the purpose the legislature intended when it enacted this law.
Eligibility — Who Qualifies and When
Eligibility for expungement depends on the type of record and the applicable waiting period. All waiting periods under IC 35-38-9 are measured from the date of conviction (or the date of arrest, for records without a conviction) — not from the date probation was completed or incarceration ended.
Arrests Without Conviction
If you were arrested but the charge was not filed, was dismissed, or you were acquitted at trial, you may petition for expungement of that arrest after one year from the date of arrest (or the date of acquittal or dismissal, whichever is later). For records where the charge was dismissed or you were acquitted, the court is typically required to grant the expungement if you meet the eligibility criteria — there is no discretion to deny. This category of expungement is one of the most straightforward and can make a meaningful difference for people who carry arrest records from cases that never resulted in a conviction.
Misdemeanor Convictions
Misdemeanor convictions — including Class A, B, and C misdemeanors — may be eligible for expungement five years after the date of conviction, provided that during that period the person has not been convicted of a crime and has no pending criminal charges. The court may grant or deny the petition at its discretion for misdemeanors, considering factors including the nature of the offense and the petitioner's conduct since conviction.
Class D Felony / Level 6 Felony Convictions
Former Class D felony convictions (the pre-2014 classification system) and current Level 6 felony convictions may be eligible for expungement eight years after the date of conviction. The same conditions apply — no new conviction and no pending charges during the waiting period. Level 6 felony expungements are treated similarly to misdemeanor expungements in terms of court discretion.
Higher-Level Felony Convictions
Felony convictions above Level 6 (or above former Class D) carry a ten-year waiting period and additional requirements. For these convictions, the prosecutor's consent is typically required — or the court must make a finding that the petition should be granted despite the prosecutor's objection, applying a higher standard. Petitioners with higher-level felony convictions must also demonstrate that they have satisfied all financial obligations of the sentence (fines, court costs, restitution) before the petition will be granted.
Ineligible Offenses
Indiana's expungement statute categorically excludes certain offenses regardless of how much time has passed. The following convictions are not eligible for expungement under IC 35-38-9:
- Murder
- Voluntary manslaughter
- Involuntary manslaughter (in certain circumstances)
- Causing suicide / assisting suicide
- Rape and criminal deviate conduct
- Child molesting
- Child exploitation and possession of child pornography
- Any offense requiring registration as a sex or violent offender
- Official misconduct
- Certain other serious violent offenses
If any of these convictions appear in your history, that specific conviction cannot be expunged — but other eligible offenses from your history may still qualify if they do not fall within the excluded categories.
The One-Time Petition Rule
One of the most important features of Indiana's expungement statute is the one-time petition rule: a person may file only one expungement petition per county (with some exceptions for separate county filings). This means that if you file a petition before you are eligible to include all of your records — or if you inadvertently omit eligible records — you generally cannot go back and file again to catch what was missed. Careful planning of the petition, ensuring that all eligible records are identified and included, is a critical part of the expungement process. Hammond Legal reviews a client's full criminal history before filing to ensure the petition is comprehensive and timed correctly.
The Expungement Process
The expungement process begins with a verified petition filed in the court where the conviction or arrest occurred — which may be different counties for different records. The petition must meet specific statutory requirements, including verification and identification of the specific records sought to be expunged. The prosecutor receives notice and has an opportunity to object. If the petition is unopposed, the court may grant it without a hearing. If the prosecutor objects, a hearing is scheduled. After the court grants the petition, certified copies of the order are sent to relevant agencies, and the records are directed to be marked as expunged and removed from public databases.
What Expungement Does Not Do
It is important to understand the limits of expungement alongside its benefits. Expungement does not:
- Erase the record from law enforcement databases — police and prosecutors retain access
- Remove the record from FBI databases accessible for federal employment and certain security clearance checks
- Prevent professional licensing boards from considering the underlying conduct, though they generally may not use the expunged record itself
- Restore firearms rights lost due to a felony conviction (a separate legal process)
- Eliminate the conviction for purposes of habitual offender sentencing enhancements in future criminal proceedings
The Life-Changing Impact of Expungement
Indiana's Second Chance Law recognizes something that research and experience confirm: a criminal record creates barriers that extend far beyond any sentence served. Employment applications, housing applications, college admissions, professional licenses, volunteer opportunities — all are affected by a visible criminal history. For people who made mistakes years or decades ago and have lived law-abiding lives since, expungement can open doors that have been closed for years. Hammond Legal handles expungement matters for clients across Central Indiana, and approaches each case with an understanding of what is at stake.
Frequently Asked Questions
What is Indiana's Second Chance Law?
Indiana's Second Chance Law (IC 35-38-9) allows individuals to petition courts to expunge eligible arrests, charges, and convictions from their criminal records. The law applies to a broad range of offenses with waiting periods that depend on the type and severity of the conviction. Expungement seals the record from most employers, landlords, and public background checks, though law enforcement and the FBI retain access.
What are the waiting periods for expungement in Indiana?
Waiting periods depend on the type of record: arrests without conviction — 1 year; misdemeanor convictions — 5 years; Class D / Level 6 felony convictions — 8 years; higher-level felony convictions — 10 years. All waiting periods are measured from the conviction date (or arrest date), not from the completion of probation or release from incarceration.
Can I expunge a felony conviction in Indiana?
Many felony convictions are eligible. Class D / Level 6 felonies may be expunged after 8 years. Higher-level felonies may be expunged after 10 years but typically require the prosecutor's consent. Certain offenses — including murder, sex offenses requiring registration, and others — are not eligible regardless of how much time has passed.
Can an arrest without a conviction be expunged?
Yes. If you were arrested but not charged, or if the charge was dismissed or you were acquitted, you may be eligible to petition for expungement after one year. For dismissed charges and acquittals, the court is generally required to grant the expungement if the eligibility requirements are met — there is no discretion to deny. Arrest records without convictions are among the most straightforward expungement situations.
What does expungement actually accomplish?
An expungement order seals the record from most private background check databases. Most employers and landlords will not see expunged records. Indiana law generally prohibits employers from inquiring about or discriminating based on expunged records. However, expungement does not affect FBI background checks, professional licensing boards, or law enforcement access to the underlying record.
What is the one-time petition rule?
Indiana's expungement statute generally allows only one expungement petition per person per county. If you file before you are eligible for all your records — or if you accidentally omit eligible records — you generally cannot file again for those records. Careful planning of the petition timing is one of the most important aspects of the expungement process, and is why a thorough review of your full criminal history before filing matters.
What offenses are not eligible for expungement?
Indiana excludes certain offenses regardless of time: murder, voluntary manslaughter, rape, child molesting, child exploitation, possession of child pornography, sex offenses requiring registration, official misconduct, and certain other serious violent offenses. If these convictions appear in your history, they cannot be expunged — but other eligible offenses may still qualify.
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