Indiana Expungement Attorneys
Indiana’s Second Chance Law May Help Put a Record Behind You.
Custom Law helps eligible people pursue expungement and record sealing under Indiana Code §35-38-9.
Expungement Under Indiana’s Second Chance Law
An expungement can permanently seal an eligible criminal record from public view while leaving the record available to law enforcement. Relief may improve access to employment, housing, education, licensing, credit, and other opportunities affected by a public record.
Indiana Code §35-38-9 creates different categories based on whether the record involves an arrest, misdemeanor, Level 6 felony, non-violent felony, or more serious felony. Eligibility and waiting periods depend on the category, sentence completion, pending charges, intervening convictions, and sometimes prosecutorial consent.
Records That May Qualify
- An arrest that did not result in conviction or a conviction later vacated
- A misdemeanor or Class D felony reduced to a misdemeanor
- An eligible Level 6 or non-violent felony
- Certain more serious felonies with written prosecutorial consent
Restrictions apply to murder, sex offenses, human or sex trafficking, violent-offender status, serious bodily injury, and offenses committed as an elected official or candidate.
Indiana Expungement Waiting Periods
- Arrest without conviction or vacated conviction: One year after arrest.
- Misdemeanor: Five years after conviction, potentially earlier with prosecutor agreement.
- Class D or Level 6 felony: Eight years after conviction.
- Other non-violent felony: Eight years after conviction or three years after sentence completion.
- More serious eligible felony: 10 years after conviction or five years after sentence completion, plus written prosecutorial consent.
Additional Requirements
The petitioner generally must complete the sentence and pay required fines, fees, and costs; have no pending charges; satisfy the applicable conviction-free period; and meet category-specific conditions. A misdemeanor petitioner must not have a current or pending license suspension.
The Expungement Process
The process includes identifying every eligible record, preparing the required documents, filing in the proper county, paying the fee or requesting a waiver, and responding to any prosecutorial objection. Arrest-record petitions have no filing fee; other county fees may total a few hundred dollars.
A judge may grant relief without a hearing when the statutory requirements are met and the prosecutor does not object. If the prosecutor objects, the court schedules a hearing where eligibility and supporting evidence can be presented.
Prepared for What Comes Next
What to Expect from Custom Law
Criminal defense requires more than a quick review of the charging paperwork. Our attorneys look at how the investigation started, how evidence was obtained, what the State must prove, and how the case may affect the client outside the courtroom.
Drawing on more than 20 years of legal experience, former-prosecutor insight, and extensive courtroom work, the team develops a tailored approach for negotiations, hearings, or trial while keeping clients informed from start to finish.
Former Prosecutor Insight
As former Indiana prosecutors, our criminal defense attorneys know the tactics that may be used against an accused person. The team has handled countless criminal cases and hundreds of successful jury trials.
Prepared for Court
We organize the facts, analyze the law, and prepare each matter with the possibility of hearings or trial in mind.
Direct Communication
Clients receive clear explanations, candid advice, and updates needed to make informed decisions throughout the case.
Client Reviews
What Our Clients Say
From day one they treated my case like it mattered. They fought hard, kept me informed, and got my charges dismissed. I can't recommend this team enough.
James R.
True trial attorneys. The prosecutor clearly did not want to face them. Professional, prepared, and genuinely on my side the whole time.
Michael T.
Responsive, honest, and incredibly knowledgeable. They handled my OWI charge with skill and got me a result I didn't think was possible.
David K.