Arrests Without Conviction
If you were arrested but not convicted — charges were dismissed, you were acquitted, or the case was never filed — you may be eligible for expungement after a 1-year waiting period from the date of arrest.
In certain situations under recent law changes, some cases may qualify for faster or automatic expungement. However, immediate expungement is not the general rule.
Misdemeanor Convictions
Most misdemeanor convictions are eligible for expungement after a 5-year waiting period from the date of conviction.
Requirements typically include:
- Completion of all terms of the sentence (including probation, fines, and fees)
- No new criminal charges during the waiting period
Class D / Level 6 Felony Convictions
Indiana's lowest-level felony convictions are eligible for expungement based on the following rule:
→ You may file after the later of:
- 8 years from the date of conviction, or
- 3 years after completion of your sentence
This means the "3-year rule" is not a standalone waiting period, but applies only after the sentence has been fully completed.
Higher-Level Felonies
Certain higher-level felonies (such as Level 5 or similar) may be eligible for expungement under stricter conditions.
→ The same timing structure generally applies:
- 8 years from conviction, or
- 3 years after completion of sentence
→ whichever is later
Additional requirements may include:
- Prosecutor consent
- Court approval at the judge's discretion
Some serious offenses, including certain violent crimes and sex offenses, are not eligible for expungement.