How to File for Expungement in Indiana
How to apply to clear a criminal record in Indiana: the petition, court, fee and fee waiver, and what happens at the hearing.
Short answer: File a verified petition in a circuit or superior court in the county of conviction (or, for arrests without charges, the county of arrest); petitions get a new "XP" case number. Ind. Code 35-38-9-1, -8, -9; Indiana Office of Court Services guide
| How to apply | File a verified petition in a circuit or superior court in the county of conviction (or, for arrests without charges, the county of arrest); petitions get a new "XP" case number. For conviction petitions, the petitioner serves the prosecutor; for arrest petitions, the court does. Eligibility depends on the person's entire criminal history, not just the case being expunged. Victims may submit statements. Because only one conviction-expungement petition is allowed in a lifetime, all eligible convictions should be included. Forms are available from county clerks. |
|---|---|
| Filing fee | There is no filing fee to expunge arrest records or for collateral-action requests. For conviction expungement, the petitioner pays the civil case filing fee, which the court may reduce or waive if the petitioner is indigent. |
| Arrests and dismissed charges | If a court dismisses all charges, the person is acquitted of all charges, or a conviction is vacated, the court must order the records expunged automatically (effective no earlier than 60 days after the dismissal or acquittal, unless delayed up to a year at the prosecutor's request). A person arrested without charges pending may petition one year after the arrest, and the court must immediately order the arrest records expunged. Otherwise, a person whose arrest or charge did not result in a conviction may petition one year after the arrest, charge or allegation (or after a vacating decision becomes final), unless the prosecutor agrees to less time. There is no filing fee and no limit on the number of these petitions. Source: Ind. Code 35-38-9-1 |
| Getting a copy of your criminal record | The Indiana State Police keeps Indiana criminal history records. A Limited Criminal History (felonies and misdemeanor arrests in Indiana only, matched by name and date of birth) can be requested online or by mailing the request form with a money order payable to the State of Indiana to Indiana State Police, Criminal History Limited Check, P.O. Box 6188, Indianapolis, IN 46206-6188. ISP recommends its fingerprint-based National Full Criminal History for the most complete report, and offers a separate Challenge My Record process for disputing errors. Online request page linked from ISP: http://www.in.gov/ai/appfiles/isp-lch/ |
Where to get help in Indiana
More Indiana expungement & criminal records
- Getting a Copy of Your Indiana Criminal Record
- Expunging or Sealing a Felony in Indiana
- Clearing a DUI From Your Record in Indiana
- Sealing or Expunging Juvenile Records in Indiana
- All Indiana expungement & criminal records rules
FAQ
How do you file for expungement in Indiana?
File a verified petition in a circuit or superior court in the county of conviction (or, for arrests without charges, the county of arrest); petitions get a new "XP" case number. For conviction petitions, the petitioner serves the prosecutor; for arrest petitions, the court does. Eligibility depends on the person's entire criminal history, not just the case being expunged. Victims may submit statements. Because only one conviction-expungement petition is allowed in a lifetime, all eligible convictions should be included. Forms are available from county clerks.
How much does expungement cost in Indiana?
There is no filing fee to expunge arrest records or for collateral-action requests. For conviction expungement, the petitioner pays the civil case filing fee, which the court may reduce or waive if the petitioner is indigent.
Can you clear an arrest or dismissed charge in Indiana?
If a court dismisses all charges, the person is acquitted of all charges, or a conviction is vacated, the court must order the records expunged automatically (effective no earlier than 60 days after the dismissal or acquittal, unless delayed up to a year at the prosecutor's request). A person arrested without charges pending may petition one year after the arrest, and the court must immediately order the arrest records expunged. Otherwise, a person whose arrest or charge did not result in a conviction may petition one year after the arrest, charge or allegation (or after a vacating decision becomes final), unless the prosecutor agrees to less time. There is no filing fee and no limit on the number of these petitions.
How do I check my own criminal record in Indiana?
The Indiana State Police keeps Indiana criminal history records. A Limited Criminal History (felonies and misdemeanor arrests in Indiana only, matched by name and date of birth) can be requested online or by mailing the request form with a money order payable to the State of Indiana to Indiana State Police, Criminal History Limited Check, P.O. Box 6188, Indianapolis, IN 46206-6188. ISP recommends its fingerprint-based National Full Criminal History for the most complete report, and offers a separate Challenge My Record process for disputing errors.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.