Criminal Defense in Indiana
A felony conviction can affect nearly every part of your life, from employment opportunities to housing. In Indiana, how long a felony remains on your record depends on the nature of the offense and whether you take steps to address it through expungement or record sealing. For more on the legal issues discussed here, see our Indiana expungement overview and Will a Misdemeanor Show Up on a Background Check in Indiana? guide.
Understanding your options is critical to moving forward. At Mo AlMahareeq Law, we help individuals navigate Indiana's criminal system and pursue expungement to restore their rights and opportunities.
Felonies and Your Criminal Record: What You Need to Know
In Indiana, a felony conviction remains on your record indefinitely unless you take legal action to remove or limit its visibility. Even non-violent offenses, such as certain fraud or check-related charges, can result in a felony conviction that follows you for years.
Without expungement or sealing, employers, landlords, and others can access your record through background checks. However, Indiana law does provide pathways to reduce the impact of a conviction:
Permanent Record: A felony stays on your record unless you act to address it. Expungement: Depending on the statutory category, seals records or leaves them public but marked expunged; it does not destroy them. Record Sealing: Limits access for most private parties, while still allowing courts and law enforcement to view the record.
Can a Felony Be Removed from Your Record in Indiana?
In many cases, yes. Eligibility depends on the level of the offense and your criminal history.
Lower-level offenses, including misdemeanors and many Level 6 (formerly Class D) felonies, may be fully removed from public record. More serious felonies typically cannot be erased entirely but may be marked as expunged, which still provides meaningful relief by restoring rights and reducing barriers to employment and housing.
Indiana Expungement Laws
Under Indiana Code § 35-38-9, individuals may qualify for expungement in situations such as:
- Arrests that did not result in charges
- Cases that were dismissed or resulted in acquittal
- Certain older convictions after waiting periods are satisfied
Under Indiana Code 35-38-9, the ordinary conviction waiting periods are:
- Section 2: five years from conviction for eligible misdemeanors and qualifying felonies reduced to misdemeanors.
- Section 3: eight years from conviction for eligible unreduced Class D or Level 6 felonies, subject to exclusions including bodily injury.
- Section 4: the later of eight years from conviction or three years from completion of the sentence.
- Section 5: the later of ten years from conviction or five years from completion of the sentence, plus written prosecutor consent to expungement.
Written prosecutor consent can permit a shorter waiting period where authorized. Time alone does not establish eligibility: pending charges, later convictions, financial obligations, and statutory exclusions matter. Sections 4 and 5 leave approval to the court's discretion. The prosecutor generally has 30 days to respond after receipt; that is not a guaranteed deadline for a final court decision.
Offenses That Cannot Be Expunged
Some offenses are not eligible for expungement under Indiana law. These typically include:
- Homicide or offenses resulting in death
- Human trafficking
- Sex offenses under IC 35-42-4, not only those involving minors
- Official misconduct by an elected official or an elected or appointed judicial officer in the circumstances specified by the statute
Other exclusions include unlawful firearm possession by a serious violent felon, sex-or-violent-offender status, and two unrelated felonies involving unlawful use of a deadly weapon. Non-elected officials convicted of official misconduct may fall under section 5 instead. The applicable section and full record must be checked; this is not an exhaustive eligibility list.
How Long Does a Felony Stay on Your Record?
Without expungement, a felony conviction remains permanently. It does not fall off your record after a certain number of years. This is a common misconception. The only way to remove or limit access to a felony record is through expungement or sealing.
State vs. Federal Felonies
Indiana's statute does not expunge federal or out-of-state convictions. Federal relief is much narrower and requires separate analysis; a presidential pardon does not itself erase or seal the court record.
The Expungement Process
Begin by gathering the complete record before filing. For convictions under sections 2 through 5, consolidate the convictions sought to be expunged within each county and coordinate petitions across counties within one 365-day period. This is generally a once-in-a-lifetime filing process, with limited refiling and supplemental-petition exceptions under section 9. Non-conviction records follow different rules.
The petition and expungement case are generally public while pending and remain public after a denial. If granted, the expungement case file becomes confidential. That does not make every underlying conviction confidential: sections 4 and 5 leave those records public but marked expunged. The Indiana courts' Expungement Digest explains these distinctions.
What Expungement Does—and Does Not Do
Expungement can significantly improve your opportunities, but it does not erase every consequence of a conviction.
- Sections 2 and 3 generally seal records; sections 4 and 5 leave them public but marked expunged. Application and anti-discrimination protections have exceptions, so disclosure depends on the application and applicable law.
- Law enforcement, courts, and certain licensing agencies may still access the record.
- Expungement does not automatically restore firearm rights.
- It does not guarantee removal from the sex offender registry.
- Expunged convictions may still be considered in future criminal proceedings.
- News coverage and private databases do not automatically disappear or update when an order is entered.
Why Legal Guidance Matters
Indiana's expungement laws are detailed and highly technical. Filing incorrectly or misunderstanding eligibility can lead to delays or denials. An experienced criminal defense attorney can evaluate your case, determine eligibility, and ensure the process is handled correctly from start to finish.
If you have questions about your record or whether you qualify for expungement, contact Mo AlMahareeq Law at (347) 889-4944. We are available to help you take the next step toward clearing your record and protecting your future.
Written by
Moawia K. AlMahareeq