Everyone wants a fresh start. No one dreams of carrying a criminal record into job interviews, housing applications, or professional licensing boards. And yet, even long after a mistake has been made and the sentence has been served, that old conviction can still follow you around.
Fortunately, Indiana law offers a legal remedy called expungement, which can change lives in ways we never stop being grateful for. At the Marc Lopez Law Firm, we deal with Indiana criminal defense and record expungements every single day. And believe it or not, it never gets old calling someone up to say, “It’s done. Your record is expunged.”
But even though expungement is an incredible tool, it’s not magic. It helps to understand what it really means to have your record expunged in Indiana, so let’s go through what really happens to your record after an expungement in Indiana.
If You Weren’t Convicted, Your Record Should Be Gone
Let’s start with the best-case scenario. If you were arrested or charged with a crime but never convicted, your record is supposed to vanish. Under Indiana law, those records should not be kept by the State or by local law enforcement.
Are there ever exceptions where an agency accidentally retains something they shouldn’t? Sure. But under Indiana Code § 35-38-9-1, those records should be expunged from all systems. (2024). That means they’re not supposed to exist, and nobody should be accessing them. This is as close as it gets to a true clean record.
Misdemeanors and Level 6 Felonies: Sealed from Public View
If you were convicted of a misdemeanor or if your felony was reduced to a misdemeanor, you can petition for expungement five years after the date of conviction, provided you meet certain requirements. This is outlined in Indiana Code § 35-38-9-2(c).
For Level 6 felonies and the older Class D felonies, expungement eligibility begins eight years after the date of conviction under Indiana Code § 35-38-9-3(c).
When an expungement is granted under either statute, the court is required by law to prohibit public access to your records. According to Indiana Code § 35-38-9-6(a)(1), those records may only be accessed by law enforcement officers acting in the course of their official duties or someone with a court order.
For everyone else, including employers, landlords, background check services, your record is off-limits. From a public perspective, it’s as though your conviction has been sealed inside a legal vault.
Real Life Example: Two DUIs in Seven Years
Let’s say someone picks up a misdemeanor DUI. Five years go by, and they apply for expungement. Their petition is granted. Great news. But then, the following year, they get another DUI.
That second DUI becomes a felony—even though the first one was expunged—because law enforcement can still see the earlier conviction. And in Indiana, two DUIs within seven years automatically escalate the second offense to a felony.
So yes, your record may be sealed to the public. But if law enforcement is doing their job, they are still allowed to look back when necessary.
Level 5 Felonies and Above: Still Public, But Marked Expunged
If you were convicted of a Level 5 felony or higher, expungement works a bit differently. According to I.C. § 35-38-9-4(c), you must wait eight years from the date of conviction and at least three years after completing your sentence before you can petition. When granted, your record does not vanish, and it is not sealed. It remains a public record, but it is clearly marked as expunged under I.C. § 35-38-9-7(b).
That means people can still see it—but they cannot legally use it against you.
Once a record is marked as expunged, it is unlawful to deny a person housing, employment, admission to school, or professional licensing on the basis of that record. This protection is enforced under I.C. § 35-38-9-10.
Real Life Example: From Denied Applications to Career Success
We once worked with a client who checked every box on paper. They had the education, experience, and a clear path forward in a licensed profession. The problem? A 10-year-old Felony 4 conviction that kept shutting them out of opportunity. Whether it was a job with a public agency or a professional license required for his field, that old conviction followed him like a shadow. Every application hit the same dead end.
After we helped him expunge his record, everything changed. The licensing board that had once rejected his application approved it without issue. The same agency that had previously turned him away offered him a position. The legal roadblocks were gone.
Why the dramatic shift? Because Indiana Code § 35-38-9-10(b) makes it illegal to deny someone employment or a professional license based on an expunged or sealed record. Employers and licensing boards may no longer discriminate against you simply because of your past.
That single expungement petition didn’t just clean up his record. It cleared a path to a career he had worked years to pursue.
Not Every Case Qualifies, Don’t Go It Alone
While expungement is powerful, it’s not available to everyone. Certain serious offenses are excluded by statute, and there are other disqualifying factors that can trip people up. This is one of the reasons why it makes sense to speak with an Indiana criminal defense attorney before filing anything.
Whether you’re looking to seal your record, mark it as expunged, or just figure out if you’re eligible at all, it’s always smart to talk to someone who knows the law and understands the fine print.
Make the Right Call
Expungement is not a magic eraser, but it’s about as close as the law gets to a second chance. Whether you’re looking to rebuild your career, apply for a license, or simply move on from a bad chapter, Indiana expungement law offers a real path forward.
If you’re considering expungement or if you’re not sure whether you qualify, call the Marc Lopez Law Firm at 317-632-3642. We’d love to talk to you about your options.
And whatever you do, remember: Always plead the Fifth.
