Second Chance Laws in Indiana (2026): Your Record, Your Restart
Most people don’t realize this is even an option. Seriously. If you have a criminal record in Indiana, you may be able to seal it from public view. That means employers, landlords, and random background checks may never see it again.
Indiana’s Second Chance Law exists for exactly this reason. It gives people a real shot at moving forward. Let’s break down everything you need to know.
What Is Indiana’s Second Chance Law?
Indiana’s Second Chance Law is basically the state’s expungement law. Expungement means sealing your criminal record from public access. It doesn’t erase your history completely. But it hides it from most employers, landlords, and the general public.
Think of it like closing a file cabinet. Law enforcement can still open it. But most people searching your name won’t even know it exists.
The law is found in Indiana Code 35-38-9. It was first signed in 2013 and has been expanded since then. More people qualify today than ever before. Pretty big deal, right?
Who Can Apply?
Wondering if this applies to you? Here’s the honest answer: it depends on what’s on your record and how much time has passed.
Indiana breaks expungement eligibility into categories. Each one has its own rules. Let’s go through them one by one.
Arrests That Did Not Lead to a Conviction
This one is the simplest. If you were arrested but never convicted, you can typically apply for expungement immediately, provided no charges are pending.
Actually, you have to wait a little. An individual with an arrest record may be eligible for an expungement one year after the arrest if that arrest did not result in a conviction. And the best part? There is no filing fee for expungement petitions filed under this section of the Indiana Code.
You’re not alone if you didn’t know that. Most people don’t.
Misdemeanor Convictions
This is the most common situation. Indiana requires a five-year waiting period from the date of conviction. So if you were convicted in 2020, you may be eligible now in 2025 or 2026.
You must have completed all aspects of your sentence, including probation, community service, or court-ordered treatment. You also can’t have any new criminal convictions during the waiting period.
One more thing. Make sure all court costs, fines, and restitution are fully paid. Courts will not move forward if you still owe money.
Level 6 and Class D Felonies
These are lower-level felony charges. Class D and Level 6 felonies carry an eight-year waiting period.
Some of these can even be reduced. An individual convicted of a Class D or Level 6 felony reduced to a misdemeanor may be eligible for expungement five years from the date of the conviction unless the county Prosecutor has consented in writing to an early filing.
So there is a faster path in some cases. Talk to an attorney about your specific situation.
Higher-Level Felonies
Okay, pause. Read this carefully.
An individual convicted of a felony that does not fall under I.C. 35-38-9-5 or is otherwise excluded by the Indiana Code may be eligible for an expungement eight years from the date of the conviction or three years from the completion of the sentence, unless the county Prosecutor has consented in writing to an early filing.
That’s a longer road. But it’s still a road.
An individual convicted of a felony that resulted in serious bodily injury or an offense as an elected official while in office may be eligible for an expungement ten years from the date of the conviction or five years from the completion of the sentence.
What Crimes Are NOT Eligible?
Here’s where things get serious. Not every offense qualifies for expungement. Some crimes are permanently off the table.
Some offenses are not eligible for expungement under any circumstances. These include, but are not limited to, sex or violent offenses, homicide, voluntary or involuntary manslaughter, and offenses involving the use of a deadly weapon.
Honestly, this is the part most people miss. They assume everything can be sealed. It can’t. If your charge involves violence or sexual offenses, expungement is likely not available to you.
Not sure if your charge qualifies? That’s exactly when you call a lawyer.
What Expungement Actually Does (And Doesn’t Do)
You’re going to love this part. Once your record is sealed, it basically disappears from most searches.
If a Petition to Restrict Access is granted by a court, any records expunged or sealed will not show up on background checks performed by noncriminal agencies or individuals. This means that potential employers, landlords, lending agents, educational institutions, or public records searches such as Indiana MyCase, will not have access to any sealed criminal records.
That’s huge. Job applications. Apartment rentals. College admissions. All of those background checks come up clean.
But wait. There’s a catch. Expungement laws seal and restrict access to the general public, but these records are still accessible to law enforcement and certain government agencies.
So it’s not a total erasure. Law enforcement still knows. But your future boss probably won’t. That’s a massive difference in real life.
Also, once your record is expunged, employers cannot legally inquire about or consider your past convictions. That’s the law. They can’t even ask.
The One-Shot Rule
Hold on, this part is important.
It is important to note that you are only eligible for expungement of all arrests and/or criminal convictions once.
Read that again. Once. You get one shot at this. That means you need to get it right the first time.
You only get one chance every 12 months. File carefully. If you miss something or file incorrectly, you may have to wait another year before trying again.
This is one of the biggest reasons people hire a lawyer. A filing mistake can cost you a full year.
Penalties for Mistakes
What happens if your petition gets denied? If your petition is denied, you typically must wait at least three years before filing another petition for the same offense.
Three years is a long time. Don’t rush this. Prepare properly.
New in 2025: A Path Back for Lifetime License Suspensions
Here’s something most people don’t know about yet.
One of the more restorative reforms among the new laws in Indiana for 2025 is House Enrolled Act 1554, which provides a second chance for individuals previously saddled with lifetime driver’s license suspensions.
That’s right. If you had a lifetime driving ban, there’s now a way to petition to get your license back.
Previously, individuals deemed habitual traffic violators under Indiana Code 9-30-10 could be subjected to lifetime suspension of their driving privileges, with no statutory path toward reinstatement. HEA 1554 changes that by creating a formal petition process allowing eligible individuals to seek Indiana license reinstatement after a designated waiting period.
After 10 years, individuals with lifetime suspensions may petition the court for reinstatement if at least ten years have passed since the effective date of the suspension and the petitioner has not been convicted of any serious driving-related offense.
Personally, I think this law makes a lot of sense. People change. Permanent bans often hurt more than they help.
How to Apply for Expungement in Indiana
So what do you actually do? Here’s a simple breakdown.
Start by figuring out if you qualify. Check the waiting periods above. Make sure your sentence is fully done. Confirm all fines are paid.
Next, gather your documents. You’ll need court records from your original case. You’ll also need proof that you completed your sentence.
Then file your petition with the court where your conviction happened. A formal petition must be filed with the court where the original conviction occurred. This petition must include detailed information about your case, including the date of conviction, the specific charge, and proof of completion of your sentence.
After filing, the prosecuting attorney’s office must be notified of your petition. They may object to the expungement if they believe it’s not in the best interest of the public.
Finally, the court will hold a hearing to consider your petition. Your attorney will present your case and argue why expungement is warranted. The court will ultimately decide whether to grant or deny your petition.
This process can take several weeks to several months. Be patient. It’s worth it.
Should You Hire a Lawyer?
You’re not required to hire one. But most experts strongly recommend it.
Think of it like doing your own taxes versus hiring a CPA. You can do it yourself. But one mistake can cost you big. And remember, you only get one shot.
A filing fee is typically required, and the court will review the petition to determine eligibility. Courts consider various factors when evaluating expungement petitions, including the nature of the offense, the individual’s criminal history, and their rehabilitation efforts. Evidence of steady employment, community involvement, and completion of educational programs can strengthen a petitioner’s case.
An attorney can help you put together the strongest case possible. That matters more than people think.
Special Circumstances: Multiple Offenses
Good news here. Indiana law allows you to include multiple eligible offenses in a single expungement petition, provided they all occurred in the same county.
Got charges in different counties? You’ll need to file separate petitions. But you must file them all at the same time. Indiana law requires this.
It’s more complicated. But it’s still doable. Talk to a lawyer before filing anything.
Where to Get Help
You don’t have to figure this out alone. Several resources exist to guide you.
Indiana Legal Services offers free or low-cost legal help. They can walk you through the eligibility process. WorkOne is another resource that helps ex-offenders with employment. Volunteers of America Indiana also provides reintegration services.
You can also call an expungement attorney for a free consultation. Many offer this at no charge just to help you understand your options.
Frequently Asked Questions
Does expungement completely erase my criminal record? No. Expungement seals your record from the public, but law enforcement and some government agencies can still access it.
Can I expunge more than one offense? Yes, you can include multiple eligible offenses in one petition, as long as they are all in the same county and filed simultaneously for different counties.
Will I need to attend a court hearing? Sometimes. For dismissed cases or not-guilty verdicts, the court may grant expungement without a hearing. For convictions, a hearing is more likely.
Can employers ask about expunged records? No. Once expunged, employers are not legally allowed to ask about or consider those past convictions.
Does expungement restore my gun rights? Not automatically. Restoring firearm rights requires a separate legal process beyond expungement.
What if my petition is denied? You typically must wait three years before refiling for the same offense. Consulting a lawyer can help you understand what went wrong.
How long does the expungement process take? It varies. Most cases take a few months from filing to a final decision. Complex cases can take longer.
Final Thoughts
A criminal record doesn’t have to follow you forever. Indiana’s Second Chance Law was built to give real people a real path forward. And it’s more accessible than most people realize.
Now you know the basics. Check your eligibility. Gather your documents. File carefully. And if you’re unsure about anything, talk to a lawyer first.
Your past happened. But it doesn’t have to define your future. Take the first step.
