Indiana Expungement Laws: The Second Chance Law Explained (IC 35-38-9)

Indiana gives people with criminal records a formal path to a fresh start. Under the state's "Second Chance Law," codified at Indiana Code Chapter 35-38-9, eligible individuals can petition a circuit or superior court to expunge arrests, misdemeanor convictions, and certain felony convictions from their records. The law creates a tiered system keyed to offense severity, imposes waiting periods before a petition can be filed, and limits most petitioners to a single lifetime petition.

Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.

Jurisdiction scope: This article covers Indiana state expungement law only. For a comparison with other states, see Expungement Laws by State.

Who Qualifies Under Indiana's Second Chance Law?

Indiana Code Chapter 35-38-9 divides expungement into five tracks based on what happened in the criminal case. Each track sets its own eligibility conditions, waiting period, and standard of review.

Section 35-38-9-1 covers arrests, criminal charges, and juvenile delinquency allegations that did not result in a conviction, or where the conviction was later vacated on appeal. A person who was not convicted may petition the court no earlier than one year after the date of arrest or charge (Ind. Code § 35-38-9-1(b)). There is no filing fee for a section 1 petition. The court must grant the petition unless active charges are pending or the statutory conditions are not met; this is a mandatory grant with no prosecutorial veto.

Section 35-38-9-2 applies to misdemeanor convictions, including any Class D or Level 6 felony that was formally reduced to a misdemeanor before the petition is filed. The waiting period is five years from the date of conviction, though the prosecuting attorney may consent in writing to a shorter period (Ind. Code § 35-38-9-2(c)). If the court finds the waiting period has passed, no charges are pending, all fines and restitution have been paid, and the person has not been convicted of any crime within the prior five years, the court shall order the records expunged. That mandatory "shall" means the judge has no discretion to deny a petition that meets all conditions.

Section 35-38-9-3 covers Class D felony convictions (for crimes committed before July 1, 2014) and Level 6 felony convictions (for crimes committed after June 30, 2014) that were not reduced to misdemeanors. The waiting period is eight years from the date of conviction (Ind. Code § 35-38-9-3(c)). The court shall grant the petition if all conditions are satisfied, making this track also mandatory.

Less Serious and Serious Felony Tracks

Section 35-38-9-4 reaches felony convictions that do not qualify under section 3 but do not involve serious bodily injury or certain enumerated offenses. The waiting period is the later of eight years from conviction or three years from completion of the sentence, whichever date is later (Ind. Code § 35-38-9-4(c)). Unlike sections 2 and 3, this track is discretionary: the court may order records marked as expunged, but is not required to do so even if all conditions are met. A person whose records are "marked as expunged" under section 4 is treated as having had the records expunged for all legal purposes other than the physical disposition of the files.

Section 35-38-9-5 is the most demanding track. It covers serious felonies, including elected officials convicted of offenses committed while in office and convictions that resulted in serious bodily injury to another person. Expungement under this section requires the written consent of the prosecuting attorney in addition to meeting a waiting period of the later of ten years from conviction or five years from completion of the sentence (Ind. Code § 35-38-9-5(c), (e)(5)). The court may, but is not required to, order records marked as expunged. Without the prosecutor's written consent, the petition cannot be granted.

Both sections 4 and 5 exclude sex or violent offenders, official misconduct convictions, homicide, human trafficking, sex crimes, and persons with two or more felony convictions involving the unlawful use of a deadly weapon in separate criminal episodes.

The One-Petition Rule and the 365-Day Window

Indiana's "one bite" rule is among the most consequential features of the Second Chance Law. Under IC 35-38-9-9, a petitioner may file a petition to expunge conviction records only one time during the petitioner's lifetime (Ind. Code § 35-38-9-9(i)). This rule applies to petitions under sections 2 through 5; it does not apply to arrest-record petitions under section 1.

Because many people have convictions from multiple counties, the statute addresses multi-county filings: all petitions filed in separate counties for offenses committed in those counties count as one petition if they are filed within a single 365-day period (Ind. Code § 35-38-9-9(i)). Miss the window, and the convictions left out may be permanently ineligible for expungement.

The statute provides two narrow safety valves. First, if a petition is denied in whole or in part, the petitioner may refile as to the convictions that were not expunged, but if the denial was based on the court's discretion under section 4 or 5, the petitioner must wait three years before refiling (Ind. Code § 35-38-9-9(j)). Second, a court may allow a supplemental petition for convictions omitted from the original filing if the petitioner can show good-faith intent to comply with the filing requirements and the court finds a supplemental petition serves the interests of justice (Ind. Code § 35-38-9-9(k)).

The practical takeaway is significant: before filing, a petitioner should identify every eligible conviction across every Indiana county and file all petitions within the same 365-day period. Leaving a conviction out of the initial filing is difficult to correct.

Mandatory Versus Discretionary Expungement

The distinction between mandatory and discretionary expungement matters because it determines whether a qualifying petitioner can count on relief.

For arrests and non-convictions under section 1, and for misdemeanor and minor felony convictions under sections 2 and 3, the court shall grant the petition once the statutory conditions are met. The judge may not deny relief simply because of the nature of the offense or personal discretion. This mandatory structure was a deliberate policy choice when the General Assembly enacted House Enrolled Act 1482 in 2013: the legislature concluded that people who served their time and stayed clean deserved a reliable path to relief.

For more serious felony convictions under sections 4 and 5, the court may grant relief but is not required to do so. In section 4 cases, the court weighs the petition without requiring the prosecutor's agreement. In section 5 cases, the prosecutor's written consent is a statutory prerequisite: without it, the court lacks authority to grant the petition regardless of how strong the petitioner's record is.

This tiered approach means that a Level 5 felony drug conviction, for example, falls under section 4 (no bodily injury, not an enumerated exclusion), making it eligible after eight years post-conviction or three years post-sentence, subject to the court's discretion but not requiring prosecutorial consent. A conviction that caused serious bodily injury to another person falls under section 5 and requires the prosecutor to agree in writing before the court can act.

Permanent Exclusions

Certain convictions are categorically ineligible for expungement under any section of IC 35-38-9. These absolute bars include:

• Sex or violent offenders as defined in IC 11-8-8-5, which covers rape, child molesting, child solicitation, criminal deviate conduct, sexual battery, and a range of other offenses that trigger Indiana's sex offender registry requirement.
• Homicide offenses under IC 35-42-1, including murder, voluntary manslaughter, and involuntary manslaughter.
• Human and sexual trafficking offenses under IC 35-42-3.5.
• Sex crime offenses under IC 35-42-4, including sexual misconduct with a minor in most circumstances.
• Official misconduct under IC 35-44.1-1-1.
• Elected officials convicted of offenses committed while serving in office or as a candidate are excluded from sections 3 and 4, though they may seek relief under section 5 with prosecutorial consent.
• Persons with two or more felony convictions involving the unlawful use of a deadly weapon in separate criminal episodes are ineligible under sections 3, 4, and 5.

The exclusion for sex and violent offenders under IC 11-8-8-5 has one narrow exception: a person convicted of sexual misconduct with a minor as a Level 5 felony (or former Class C felony) may not be classified as a sex or violent offender if the sentencing court found that registration was not required. In that limited situation, the felony conviction may be eligible under section 4.

What Happens After Expungement

The legal effect of a granted petition varies by track. Under sections 2 and 3, the court issues a full expungement order: law enforcement agencies, the Department of Correction, the Bureau of Motor Vehicles, and any service provider ordered by the court must prohibit the release of expunged records without a separate court order (Ind. Code § 35-38-9-6). The central criminal history repository must restrict access to the records. The person may legally state that they have not been convicted of the expunged offense, with limited exceptions for law enforcement employment and certain licensing proceedings.

Under sections 4 and 5, the records are "marked as expunged" rather than physically destroyed or sealed. The person is treated as having had the records expunged for all legal purposes other than the physical disposition of the files (Ind. Code § 35-38-9-4(e); § 35-38-9-5(e)). The practical effect is largely the same as a full expungement for employment, housing, and licensing purposes.

Indiana law prohibits employers, landlords, and educational institutions from discriminating against a person solely on the basis of an expunged conviction. Exceptions exist for law enforcement agencies, community corrections departments, and certain positions where a background check is required by law (Ind. Code § 35-38-9-10).

Disclaimer: This article covers Indiana expungement law under Ind. Code § 35-38-9 as verified on May 29, 2026. Laws and procedures can change. Consult a licensed Indiana attorney before filing an expungement petition. Nothing in this article is legal advice.

Related Articles

• Expungement Laws by State : national hub with eligibility summaries for all 50 states
• DUI Expungement by State : which states allow DUI convictions to be expunged
• How to Check If Your Record Has Been Expunged : steps to verify expungement status after your petition is granted

RecordingLaw.com provides general legal information, not legal advice. For guidance specific to your situation, consult a licensed Indiana attorney.

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