How Indiana Expungement Works in 2026 and Where to Get Help in Indianapolis
Indiana Legal Services and the IU McKinney School of Law Community Legal Clinic both run fall expungement clinics in Indianapolis. Before you walk in, here's what the process costs, how long it tak…
Indiana Legal Services and the IU McKinney School of Law Community Legal Clinic both run fall expungement clinics in Indianapolis. Before you walk in, here’s what the process costs, how long it takes, and what expungement actually does — and doesn’t do — to your record.
If you were told your Indiana criminal record can’t be expunged, or if you looked into it before 2023 and got a “no,” check again. A set of statutory changes passed by the Indiana General Assembly in 2023 quietly expanded eligibility in ways that still haven’t been explained in plain language anywhere useful. Search for information and you’ll get either law firm intake forms or raw statutory text from the Indiana Code. Neither tells you what you actually need to know.
The timing matters right now for two concrete reasons. Indiana Legal Services and the IU McKinney School of Law Community Legal Clinic both run annual expungement clinics in the fall, giving Indianapolis residents a window to get experienced help at no cost or reduced cost. Walk into one of those clinics knowing the eligibility rules, the required forms, the realistic timeline, and what you’ll owe at the clerk’s window, and you will get more out of that appointment than someone who shows up cold. These appointments go fast.
This piece covers all of that in sequence.
Can You Get Your Indiana Record Expunged? Start Here.
Yes. Indiana law allows expungement of arrests, misdemeanors, and many felonies under Indiana Code 35-38-9, but eligibility depends on the specific charge, how long ago the case closed, whether you’ve had prior expungements, and for certain higher felonies, whether the prosecutor agrees. The 2023 changes expanded eligibility in specific ways — some significant enough that people who were told “no” a few years ago should genuinely reconsider.
Arrests without conviction have the most straightforward path. If your charges were dismissed, never filed, or resulted in acquittal, Indiana law treats your case as eligible with no filing fee and a one-year waiting period from the date of arrest. This category is frequently overlooked by people who assume a record exists on their permanent file when it may already qualify for sealing.
Class A and B misdemeanors, including most OWI/DUI first offenses with conditions, require a five-year waiting period from conviction. No prosecutor consent is required. A filing fee applies. The 2023 amendments clarified procedures for cases with multiple charges arising from the same incident, making consolidation easier.
Class D felonies and Level 6 felonies saw the most significant changes under HEA 1482. Five-year waiting period from conviction. The critical shift: the statute now spells out how to handle multiple convictions arising from a “single episode of criminal conduct,” making it possible to petition for all of them together. If you were told before 2023 that your Level 6 or Class D convictions couldn’t be consolidated, or that the timing didn’t work, the calculation may have changed. This is the specific area where calling one of the clinics — even just to confirm — is worth fifteen minutes of your time.
Class C and B felonies, and Level 3 through 5 felonies, are harder. The waiting period is eight years from conviction or three years from completion of sentence, whichever is later. These require written consent from the prosecutor before a judge will grant the petition. That consent is not guaranteed, and the realistic odds vary substantially by offense type and by the individual prosecutor assigned to the case — something no statute can predict. For these categories, having an attorney or an experienced clinic advisor makes the most tangible difference in outcome.
Class A felonies and Level 1 and 2 felonies require ten years from conviction, along with written prosecutor consent. Even with consent, the court retains discretion to deny. Don’t attempt this without an attorney.
Some offenses cannot be expunged under any circumstances: murder; sex offenses requiring registration on the sex offender registry; human trafficking; offenses involving a victim under 18 where the offense is sexual in nature; certain forms of official misconduct; and other offenses listed in IC 35-38-9-1 through IC 35-38-9-9. No waiting period, no attorney, and no clinic changes that.
Indiana allows one felony expungement per lifetime. You can petition for multiple felony convictions in a single petition — and you generally should, because you cannot return later for ones you left out. This is a one-time event with no exceptions and no do-overs. Plan accordingly.
Readers should verify with a clinic advisor or attorney that no 2025 General Assembly amendments to IC 35-38-9 have taken effect in 2026 that would alter these waiting periods. The 2023 changes described above are the most recent substantive amendments to the expungement statute.
What Expungement Actually Does to Your Record
This is the section most people need most, and the one most frequently misunderstood. The misunderstanding here is consequential.
Indiana expungement does not destroy your criminal record. It seals the record from public view — specifically from the Indiana CHIRP (Criminal History Information Portal) system that most private employers and landlords access when they run a background check. From the perspective of a hiring manager at an Indianapolis employer pulling a standard consumer reporting agency check, the expunged record does not appear. Under IC 35-38-9-10(c), you are legally permitted to answer “no” on private-employer job applications that ask about prior arrests or convictions if those records have been expunged.
That protection is real. It also comes with carve-outs that matter.
Law enforcement retains full access to expunged records. The Marion County Sheriff, IMPD, Indiana State Police, and courts maintain complete records independent of any expungement order. If you are arrested again, prosecutors and judges can see your full history. Whether an expunged record counts as a prior conviction for sentencing purposes in a new case is a separate legal question — but it is not invisible to the criminal justice system, and you should not assume otherwise.
The Indiana Department of Correction maintains its own institutional records and is not required to expunge them based on a court order to the judicial system. If you were incarcerated, IDOC retains records of your sentence, facility assignments, and conduct. These can surface in certain background checks and may be considered in future sentencing.
Professional licensing boards operate under different rules entirely. If you hold or are applying for a professional license — nursing, real estate, law, teaching, financial services, contracting — the relevant state board may still inquire about and act on expunged records. Licensing boards have their own investigative processes and often do not treat a court expungement as settling the underlying conduct. This carve-out is probably the most important one and the least discussed. If your career runs through a licensed profession, talk to an attorney about how expungement interacts with your specific board’s rules before you file. A cleaned-up private-sector job search is not the same as a cleaned-up professional licensing file, and the difference can end a career.
Federal background checks are unaffected by an Indiana expungement order. An FBI records check, federal employment background screening, TSA clearance, or federal housing eligibility determination under HUD programs will not reflect the expungement. If you’re applying for federal employment, a security clearance, or federally subsidized housing, an Indiana expungement does not help you in those contexts.
Gun rights are where people get into serious trouble. Indiana law may restore firearm rights upon expungement for non-violent felony convictions. Federal law does not. Under 18 U.S.C. § 922(g)(1), any person convicted of a crime punishable by imprisonment for more than one year is prohibited from possessing a firearm — and a state court order does not override that prohibition. Do not assume that because your Indiana record looks clean after expungement, you can legally purchase or possess a firearm. If this applies to you, consult an attorney with federal criminal law experience before making any decisions about firearms. This is the area where a misunderstanding can result in a new federal felony charge.
What It Costs to File in Marion County
Filing an expungement petition at the Marion County Superior Court — City-County Building, 200 E. Washington St., Room 122 — carries a filing fee. Call the Marion County Clerk’s office at 317-327-4740 to confirm the exact current amount before you file. Fees change and must be verified at the time of your filing.
The cost multiplies if you have multiple case numbers. Indiana courts generally require a separate petition and a separate fee for each case number. Three cases means three filing fees. This is the number that catches people off guard, and it’s one of the main reasons the free clinic resources below are worth pursuing before you attempt to file on your own.
Fee waivers are available under IC 35-38-9-10. Indigent petitioners can apply at Room 122 or by calling 317-327-4740. Bring income documentation. Eligibility for a fee waiver is separate from eligibility for the Indiana Legal Services clinic — ask about both when you call.
How Long Marion County Courts Are Actually Taking
The full sequence from filing to signed order has typically run three to six months. That covers the period after the prosecutor is served, any scheduled hearing, and the judge’s ruling. Verify the current 2026 backlog status directly with the Marion County Superior Court clerk at 317-327-4740 before planning around a specific deadline.
After you file and pay the fee, you are responsible for serving the prosecutor’s office with a copy. The court does not do this automatically. The prosecutor reviews and responds — consenting, objecting, or filing a motion. The judge may then schedule a hearing or rule without one. Straightforward petitions often proceed directly to a signed order.
Once the judge signs the order, the work is not finished. You are responsible for serving certified copies on required agencies. This final step is the one most self-represented petitioners miss, and it matters more than people realize. The court does not distribute the order for you. Until agencies receive and process the order, your record may still appear in some searches even with a signed expungement in hand. The process doesn’t end at the judge’s signature. It ends when those agencies have documented receipt.
Where to Get Free or Low-Cost Help in Indianapolis
Indiana Legal Services 151 N. Delaware St., Suite 1800, Indianapolis 317-631-9410
ILS provides free civil legal help for income-eligible Hoosiers, and expungement is among its most in-demand services. As part of our legal & finance coverage, we’ve tracked Indianapolis residents’ access to civil legal aid as one of the most persistent gaps in local services. The ILS Indianapolis office has historically run fall expungement clinics at Indianapolis Public Library branches, including the Central Branch at 40 E. St. Clair St. Confirm current fall 2026 clinic dates and locations directly with ILS at 317-631-9410.
Income eligibility is generally set at 200% of the federal poverty level — confirm the current threshold with ILS, as the figure adjusts annually. Bring your full criminal history printout and any court documents you have. Don’t wait until you have everything perfectly organized. Show up with what you’ve got.
The Red Line IndyGo bus runs directly to the downtown ILS office and the City-County Building.
IU McKinney School of Law Community Legal Clinic 530 W. New York St., Indianapolis 317-274-8344
McKinney’s clinic operates under attorney supervision with law students handling intake and case preparation. The fall schedule historically runs expungement-focused sessions September through November. Confirm fall 2026 dates at 317-274-8344. Income eligibility criteria may differ from ILS — call before assuming you don’t qualify.
IndyGo Routes 8 and 3 reach the McKinney Law campus. Check IndyGo.net for current routing to West New York Street.
Marion County Bar Association Lawyer Referral Service 317-269-2222
For residents who don’t qualify for free services or prefer private counsel, the MCBA referral service connects you with attorneys who offer reduced-fee initial consultations. Expungement is a common referral category.
Expunge.io / RecordClear
This web-based platform walks users through petition preparation at lower cost than full attorney representation. Verify current pricing and confirm Marion County, Indiana, is fully supported before relying on it. It’s most appropriate for straightforward cases with no prosecutor-consent requirement: arrest-only cases and some misdemeanor situations where the waiting period is clearly met. For anything more complicated, the clinics are a better first stop.
Reentry and Referral Organizations
Several Indianapolis organizations serve people navigating reentry and can refer you to expungement resources or host satellite clinic events. PACE (Purposeful, Achievable, Connected, Educated) serves residents on the east side, particularly in the 46218 zip code. Horizon House serves people experiencing or at risk of homelessness, many of whom have justice-involved histories. The Marion County Reentry Coalition coordinates among service providers and can point residents toward clinics based on location — particularly useful for residents in Fountain Square, the Southside (46203), and the Westside (46222).
If getting downtown is a barrier, call these organizations first. They often know about satellite events closer to your neighborhood before those events are publicly listed anywhere.
The Step-by-Step Filing Process for Marion County Residents
If you’re filing without an attorney, or before a clinic appointment, here is the actual sequence.
Step 1: Pull your complete criminal history. Go to mycase.in.gov and search your name to identify all Marion County case numbers. For arrests that may not appear in court records, request your CHIRP record from the Indiana State Police. You need every case number before you file anything. One missed case can complicate your expungement years later, and you get one lifetime shot at felony expungements. Time spent here prevents far larger headaches later.
Step 2: Confirm waiting periods are met for each charge. Match each case to its charge type and calculate from the conviction date — or arrest date for no-conviction cases. If any case isn’t yet eligible, note when it becomes eligible and either wait or file separate petitions on a staggered schedule. A clinic advisor can help with this calculation.
Step 3: Obtain the correct petition form. The Indiana expungement petition form is the CCS-EX, available at courts.in.gov/forms. Verify this is still the current form designation for 2026 before filing. Complete one form per case number.
Step 4: File at the Marion County Superior Court. Bring your completed CCS-EX petition or petitions, payment for the filing fee (call 317-327-4740 to confirm the current amount first), or your completed fee waiver application with income documentation. City-County Building, 200 E. Washington St., Room 122. Arrive early — the office has lines, and fall is peak season.
Step 5: Serve the Marion County Prosecutor’s Office. After filing, you’re required to serve a copy of the petition on the prosecutor. The clerk’s office can confirm the current service address and procedure. Keep proof of service — a signed receipt or certified mail confirmation. You may need it if any dispute arises about whether the prosecutor received notice.
Step 6: Attend any scheduled hearing. For straightforward petitions — arrest-only and misdemeanor cases — a judge may rule without a hearing. For felonies requiring prosecutor consent, expect a hearing. If one is scheduled, appear on time and be prepared to briefly explain why the expungement is warranted. Judges mostly want to understand whether sufficient time has passed and whether rehabilitation is plausible. You don’t need to give a speech.
Step 7: Serve the signed order on required agencies. Once the judge signs the order, obtain certified copies from the clerk’s office and send them by certified mail to every agency the order specifies — typically the Indiana Department of Correction if you were incarcerated, the Indiana Bureau of Motor Vehicles, the arresting law enforcement agency, and the Indiana State Police. Keep your certified mail receipts. Until these agencies receive and process the order, your record may still appear in some searches. The process isn’t done when you leave the courthouse.
The Questions Indianapolis Readers Keep Asking
Can I expunge an OWI or DUI in Indiana? Yes, under most circumstances. An OWI conviction falls under the misdemeanor or Class D/Level 6 felony framework depending on severity, and the standard waiting periods apply. Pull your case from mycase.in.gov to confirm the specific charge before assuming eligibility. An OWI first offense is often more expungable than people think, particularly if several years have passed.
Can I expunge a federal conviction? No. Indiana courts have no jurisdiction over federal criminal records. A federal conviction requires a federal remedy — a presidential pardon or, in limited circumstances, a federal court motion. An Indiana expungement order does nothing to a federal record. If any part of your case involved federal charges or federal prosecution, the state expungement does not cover the federal side.
I was arrested but charges were dropped. Do I still need to file? Yes, if you want the arrest removed from public background check databases. Arrest-only records carry a shorter waiting period — one year from arrest — and typically no filing fee. This is often the easiest and highest-return expungement to pursue, and it’s frequently overlooked by people who assume the case disappeared on its own. It probably didn’t.
Can a Class A or Level 1 or 2 felony be expunged? Possibly, but the bar is high. These cases require written consent from the prosecutor — not just notification, but affirmative consent — and the judge still has discretion to deny even with that consent. Prosecutors rarely consent to expungement of the most serious felonies. If this applies to you, don’t attempt it without an attorney, and go in with realistic expectations.
Does expungement affect my professional license? Yes, and this is where people get caught off guard. Nursing, real estate, law, financial services, education, and other licensed professions are governed by boards that can still consider expunged records in licensing decisions and disciplinary actions. Expungement helps in the private job market. It is not a clean slate in licensed professions — and that gap is enormous for someone whose entire career runs through a licensed field. Get legal advice specific to your licensing board before you file. A clinic advisor can explain what expungement does and doesn’t do. A board-specific attorney can tell you what the board itself will do with that information. Those are different questions, and you need answers to both. If you need help finding affordable counsel, our guide to free and low-cost legal help in Indianapolis lists vetted resources organized by what you need.
At a Glance: Marion County Expungement
| Item | Detail |
|---|---|
| Filing fee per petition | Call 317-327-4740 to confirm current amount before filing |
| Fee waiver | Available under IC 35-38-9-10; apply at Room 122 |
| Average processing time | 90–180 days from filing to signed order (verify current backlog at 317-327-4740) |
| ILS income eligibility | Generally 200% federal poverty level (confirm with ILS at 317-631-9410) |
| ILS clinic dates (fall 2026) | Confirm at 317-631-9410 |
| McKinney Law clinic dates | Confirm at 317-274-8344 |
| ILS office | 151 N. Delaware St., Suite 1800 |
| McKinney Law Clinic | 530 W. New York St. |
| Court filing location | City-County Building, 200 E. Washington St., Room 122 |
| Required petition form | CCS-EX (verify current designation at courts.in.gov/forms) |
| Permanently ineligible offenses | Murder, sex offenses requiring registration, human trafficking, others under IC 35-38-9 |
| Felony expungement limit | One lifetime petition — include all eligible felonies in a single filing |
The clinics fill up. Indiana Legal Services and McKinney Law each have finite appointment slots, and demand in Marion County is not small. If you’re reading this in early fall, call this week. The difference between a signed order before the new year and a petition sitting in the queue until spring is often just when you picked up the phone.
