Expunging a Felony in Indiana
A felony does not have to be permanent.
Indiana has three paths for felony expungement, and which one applies depends on the conviction.
Free consultation. Call (317) 832-1182.
The three felony paths
Class D or Level 6 felony: file 8 years after conviction. No prosecutor consent needed. Records are sealed.[1][2]
Most other felonies: file 8 years after conviction or 3 years after the sentence ends, whichever is later. No prosecutor consent needed. Records are marked as expunged.[3]
Serious felonies, including those causing serious bodily injury: file 10 years after conviction or 5 years after the sentence ends, whichever is later. The prosecutor must consent in writing, and the judge decides. Records are marked as expunged.[4]
The prosecutor can agree in writing to a shorter wait on any of these.[1][3][4]
What you need to show
The waiting period has passed.
No charges are pending against you.
All fines, fees, court costs, and restitution are paid.
No new felony or misdemeanor convictions during the waiting period.[1]
Unpaid balances can often be paid online through Indiana Courts ePay or your county clerk.
Sealed vs. marked as expunged
Sealed records are removed from public view. Records marked as expunged stay public, but the law treats you as expunged for all purposes except how the records are stored.[3] Either way, it becomes unlawful to refuse to hire you, or to deny you a license, because of the expunged conviction, and your civil rights are restored.[5]
Who may not qualify
People required to register as sex or violent offenders cannot expunge felonies. Felonies resulting in death, and offenses like homicide, human trafficking, and sex offenses, are also excluded.[3][4] Some paths exclude felonies that caused bodily injury.[1]
Related pages
Talk to us about your record
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Past results do not guarantee a similar outcome. Contacting Wynn Law does not create an attorney-client relationship.
Footnotes: [1] Ind. Code § 35-38-9-3 (2026). [2] Ind. Code § 35-38-9-6 (2026). [3] Ind. Code §§ 35-38-9-4, -7 (2026). [4] Ind. Code § 35-38-9-5 (2026). [5] Ind. Code § 35-38-9-10(b)-(c) (2026).
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