Expungement Frequently Asked Questions

Felonies that cannot be expunged include crimes that involve:

loss of life
sex crimes
perjury
human trafficking
official misconduct
2 or more offenses with the use of a deadly weapon

In general, if you are found guilty of such a crime (IC 35-38-9-5(b)), then no crimes on the record can be expunged.

What Is A "Non-Conviction"?

dismissal
not guilty verdict
successful completion of pretrial diversion, resulting in a dismissal
cases where charges were not filed, but a case number was created by the court

Which Convictions And Non-Convictions Can Be Expunged?

Non-convictions, or arrests that do not lead to a conviction, can be expunged. In general, convictions that can be expunged include:

misdemeanors
D/Level 6 felonies without bodily injury
A, B, or C felonies without serious bodily injury and D felonies with bodily injury
Some felonies with serious bodily injury

How Many Times Can You Ask For An Expungement?

You can ask for expungement of a non-conviction (an arrest that does not result in conviction), as many times as is necessary. Expungements for convictions are only allowed one time in your lifetime. This means you cannot get any new convictions expunged. However, you may be able to file to fix mistakes.

Where Should You FIle For Expungement?

You will need to file for expungement in each county in which there is a criminal incident on your record. That means you may have to file a petition (request) for expungement in more than one county, but this will need to be done at the same time.

What If You Don't Meet The Timeline/Waiting Requirements?

Under the statute, if you do not meet the waiting/timeline requirements, you may still ask for expungement if the prosecutor agrees. Click to download the handout to see how to ask the prosecutor to allow early expungement filing.

Can You Ask For Expungement If You Still Owe Money The Court Ordered You To Pay?

Check with each court. Some courts will cancel fees if asked.

How Are Forms Filed With The Court?

Information including court rules, filing fee waiver forms, and how to file forms with the court can be found by clicking the resources found here. There is no filing fee when asking for expungement of a non-conviction.

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