Getting an expungement can make a big difference in your life. It doesn’t erase what happened, but in most cases it clears your public record. That means better job prospects, more housing options, and fewer awkward conversations about your past.
If you’re wondering how soon you can apply, the answer depends on what kind of conviction you had. Some people can apply after five years. Others need to wait longer. The rules are spelled out in Indiana law, and while the timelines are straightforward, some situations aren’t always as simple as they look.
Here’s a breakdown of what the law says, and what that means for you.
Misdemeanors and Level 6 Felonies That Get Treated Like Misdemeanors
If you were convicted of a misdemeanor, you can apply for expungement five years from the date of your conviction. This is the shortest timeline available under Indiana’s expungement statute. The same rule applies if you pled guilty to a Level 6 felony, but the court treated it as a misdemeanor under what’s called “Alternative Misdemeanor Sentencing” (also called AMS). This is covered under Indiana Code § 35-38-9-2(c).
In both situations, once five years have passed from the date you were convicted, you can apply to have your record expunged, assuming you meet all the other requirements. That includes having completed your sentence and paid all fines, fees, and court costs.
Level 6 Felony Convictions That Stay Felonies
Per Indiana Code § 35-38-9-3(c), if you pled guilty to a Level 6 felony and it was never reduced to a misdemeanor, the wait is longer. You have to wait eight years from the date of conviction before you can apply.
This applies even if your sentence was fairly short or if it ended years ago. The timeline starts from the date of conviction, not the date your sentence ended.
Level 5 and Higher Felony Convictions
If your conviction was for a Level 5 felony or something more serious, the waiting period is more complicated. According to Indiana Code § 35-38-9-4(c), you have to wait at least eight years from the date of conviction and at least three years from the date you finished your sentence.
Why This Matters
Getting your record expunged can open up doors. If your petition is granted, you’re legally allowed to say you haven’t been arrested or convicted, with very few exceptions. That’s not just helpful, it’s life-changing for a lot of people.
Still, expungement isn’t guaranteed. Not every crime qualifies, and even if you meet the timeline, you still need to meet the other legal requirements. And once you file, that’s it. You only get one shot to file for expungement in your lifetime, as laid out in Indiana Code § 35-38-9-9(i). You can include multiple cases in that one filing window, but you have to get it right. If you mess up, the law doesn’t let you try again.
Bottom Line
Depending on your situation, it might be time to talk to someone about expungement. The process isn’t all that complicated, but the stakes are high, and the details matter.
At the Marc Lopez Law Firm, we handle this stuff every day. We know the law, we know the timeline, and we can help you figure out if you’re eligible and what your next step should be. Give us a call at 317-632-3642.
And remember: always plead the Fifth.