based primarily on Indiana Code § 35-38-9 (the “Second Chance Law”) and related rules.
🧾 Indiana Expungement Law (Record Sealing)
Indiana calls it “expungement,” but in practice it usually means sealing your record from public view, not destroying it.
📌 Governing law
- Indiana Code § 35-38-9-1 through 35-38-9-6
✅ What can be expunged?
Indiana allows expungement of:
- Arrests without conviction
- Dismissed charges
- Misdemeanors
- Some low-level and even certain higher-level felonies
However, serious violent and sex offenses are not eligible
⏳ Waiting periods (very important)
These are strict and vary by offense:
🟢 Arrests / charges (no conviction)
- 1 year after arrest or dismissal
- Court must grant if criteria met
🟡 Misdemeanors
- 5 years after conviction
- No new convictions during that period
🟠 Low-level felonies (Level 6 / Class D)
- 8 years after conviction
🔴 More serious felonies
- 8–10 years, depending on severity
- May require prosecutor consent
- Must complete sentence + remain conviction-free
⚖️ Key eligibility rules
To qualify, generally you must:
- Complete all terms of sentence (including probation, fines, restitution)
- Have no pending charges
- Stay conviction-free during the waiting period
🚫 What cannot be expunged
Indiana excludes certain offenses, including:
- Violent crimes
- Sex offenses
- Official misconduct
- Human trafficking
- Some repeat serious felonies
⚠️ Important limitation (many people miss this)
- You typically only get ONE chance to expunge convictions in your lifetime
- Arrest-only cases are more flexible
🎯 Effect of expungement
If granted:
- Most records are sealed from public view
- Employers and landlords generally cannot see them
- You can often legally answer “no” to having a record
BUT:
- Law enforcement and courts still have access
- Some licensing agencies can still review them
🏛️ Indiana Pardons (Executive Clemency)
📌 Who grants pardons?
- The Governor of Indiana
⚖️ What a pardon does
A pardon:
- Is forgiveness, not erasure
- May restore rights (like firearms or civil rights)
- Can make you eligible for expungement of the conviction
🔗 Relationship to expungement
- After a pardon, you can often immediately petition to expunge the conviction
- BUT:
- It does NOT automatically clear your record
- It does NOT expunge arrest records
🔑 Big-picture takeaway
Indiana has one of the more structured systems in the U.S.:
- ✔ Expungement = record sealing through the courts
- ✔ Pardon = forgiveness from the governor
- ✔ They can work together, but are not the same thing
👍 Practical insight
If someone is looking at Indiana specifically:
- Most people qualify through expungement (not pardon)
- Timing and offense type are everything
- Filing incorrectly can cost your one opportunity, so precision matters
The state of Indiana provides a Governor’s pardon only. In order to be eligible, you must wait at least five years from the time of completion of sentence. Parole and probation are considered part of the sentence. With the application, there must be several letters of recommendation from members of the community. Then a parole agent will conduct a community investigation. This must be completed before the date of a hearing can be set. The applicant must call the board to make an appointment for a hearing date. The applicant must be present to answer questions about his/her crimes, as well as his/her life at present.
The applicant will be notified of the hearing date during which the parole board will review the case. The Board will then make a recommendation to the governor. When the governor’s decision is made, the applicant will receive the decision in writing from the parole board. Due to the lengthy pardons process, a decision is not likely to be rendered any less than a full year from the time the application is submitted. Four months are usually required before a hearing date can be set.