Indianapolis Expungement Lawyer

A criminal record follows you into every job interview, every apartment application, every background check. In Indiana, that record is largely public, which means employers, landlords, banks, and licensing boards can all see arrests and convictions that may be years or even decades old. What many people do not realize is that Indiana’s expungement law gives a real path to sealing that record, and for many people, the relief available is more complete than they expect. Working with an Indianapolis expungement lawyer can mean the difference between qualifying for maximum relief under the statute and leaving significant protections on the table.

Indiana’s expungement statute covers a broader range of circumstances than most people assume. Arrests that never led to charges, charges that were dismissed, misdemeanor convictions, and even certain felony convictions may all be eligible for sealing. The statute is not automatic, and the process requires filing a petition, meeting specific eligibility requirements, and in some cases securing a prosecutor’s agreement. Getting those details right matters, because the statute imposes waiting periods and, in some situations, a one-time-only filing rule that could permanently foreclose future relief if the petition is filed prematurely or incorrectly.

Rigney Law LLC represents clients across Indianapolis and central Indiana who are working through the expungement process. Whether your record reflects an arrest that went nowhere, an old conviction that has nothing to do with who you are today, or a more complicated history involving multiple offenses, the attorneys at Rigney Law can evaluate what relief the law actually allows and pursue it.

What Indiana’s Expungement Statute Actually Covers

Indiana’s expungement law creates several different categories of relief, each with its own eligibility criteria, waiting periods, and effects. Understanding which category applies to your situation is the foundation of any expungement case.

Arrests and charges that did not result in a conviction are the most straightforward category. If you were arrested but the charges were never filed, were dismissed, or resulted in an acquittal, you may petition to have those records expunged. The waiting period in this category is shorter than for convictions, and courts generally have less discretion to deny a petition that meets the statutory requirements.

Misdemeanor convictions carry their own eligibility rules. Generally, a waiting period must pass from the date of conviction before a petition can be filed. Once expunged, the records are sealed from public access, which means that most employers and landlords will not be able to see them in a standard background check.

Felony convictions are more nuanced. Indiana’s statute permits expungement of certain felony convictions, but the waiting periods are longer, the requirements more demanding, and some categories of felonies are excluded entirely. Convictions involving violent crimes, sex offenses, and offenses against public officials carry restrictions or absolute bars under the statute. For Class D and Level 6 felonies, which represent the lowest-level felony offenses in Indiana, expungement may result in the conviction being reclassified as a misdemeanor in addition to the sealing of the record.

The one-time-only rule deserves particular attention. Under Indiana law, a person is generally entitled to expungement only once in a lifetime. That does not mean only one conviction can be expunged. It means that all petitions must be consolidated, and a second attempt at expungement after the first is granted is typically not available. Filing before you are ready, or without capturing every eligible offense, can leave convictions on your record permanently.

What Expungement in Indiana Actually Does for You

The practical benefits of expungement extend across several areas of daily life that a criminal record tends to disrupt.

• Employment background checks: After expungement, most private employers conducting standard background checks will not see the sealed record. Indiana law also prohibits employers from using an expunged conviction against an applicant in most hiring decisions, which means you can honestly answer “no” to questions about prior convictions on job applications.
• Professional and occupational licenses: Many licensing boards in Indiana treat expunged convictions differently from unresolved ones. If a conviction has been blocking your ability to obtain or maintain a professional license in healthcare, law, education, or another licensed field, expungement may clear that barrier, though licensing board rules vary and should be reviewed carefully.
• Housing applications: Landlords routinely run background checks, and a felony or even a misdemeanor conviction can result in an automatic denial. After expungement, that record is sealed from the standard searches landlords use.
• Educational opportunities: Some colleges and universities ask about criminal history, and certain federal financial aid programs are affected by drug convictions. Expungement can reopen those opportunities.
• Firearms rights: For certain convictions, particularly Class D and Level 6 felonies that have been expunged, Indiana law restores the right to possess a firearm. This is a significant consequence that requires careful analysis, because federal law and state law do not always align on this point.
• Credit and lending: While credit bureaus operate under their own rules and expungement does not directly affect your credit score, removing the visible criminal record can affect the non-credit portions of background checks that lenders and financial institutions sometimes conduct separately.
• Government records and public databases: Expungement in Indiana applies to court records, law enforcement records, and certain other government databases. The statute requires those agencies to restrict access to the records, treating the underlying event as though it did not occur for most purposes.

Why Rigney Law LLC for Your Indianapolis Expungement Case

Expungement is a technical process that rewards preparation and attention to detail. Jacob Rigney and Kassi Rigney have built Rigney Law LLC around the principle that results in the courtroom and in legal filings come from effort behind the scenes, not just experience in front of a judge. The firm’s expungement work reflects that same approach: analyzing a client’s complete criminal history, identifying every eligible offense, and structuring the petition to capture maximum relief under the statute.

The attorneys at Rigney Law understand that an expungement petition filed incorrectly or prematurely can foreclose future opportunities because of Indiana’s one-time filing rule. That is not a risk worth taking without a thorough review of your record, your eligibility timeline, and the strategic question of when and how to file. The firm handles the full scope of Indiana expungement cases, from straightforward arrest records to more complex petitions involving multiple convictions across multiple counties. For clients who have been living with the consequences of a record that does not reflect who they are today, that thoroughness is the foundation of meaningful relief.

How the Indianapolis Expungement Process Works in Practice

The first step in any expungement case is obtaining a complete and accurate picture of your criminal history. Indiana’s courts maintain their own records, and law enforcement agencies maintain theirs separately. A full record review typically involves requesting records from the Indiana State Police, as well as court records from the specific counties where any arrests or charges occurred. For Indianapolis cases, that means Marion County courts, which are part of the Marion Superior Court system located downtown on Ohio Street. If you have records from other Indiana counties, each county where a conviction occurred must be addressed in the petition.

Once the record is assembled, the analysis turns to eligibility. Each offense on the record must be evaluated against the statutory criteria: the nature of the offense, the waiting period, and whether any absolute bars apply. If some offenses are eligible and others are not, the petition should still capture everything it can, since a future petition will generally not be available.

The petition itself is filed in the court where the conviction or arrest occurred. For Marion County cases, that means filing in Marion Superior Court. The prosecutor’s office receives notice of the petition, and for certain categories of offenses, particularly felony convictions, the prosecutor has an opportunity to object. In some cases, securing the prosecutor’s written agreement is necessary for the court to grant the petition. That dynamic makes the relationship between the petition and the prosecutor’s review an important strategic consideration, not just a procedural formality.

After the petition is granted, the work is not entirely finished. Orders must be sent to the relevant agencies directing them to seal the records, and it is worth confirming that the sealing has actually occurred in the databases where your record appears. Third-party background check companies operate on their own databases, which may not update immediately, and there are processes for addressing outdated information that persists in those systems.

One mistake people frequently make is waiting until a background check has already caused a problem before pursuing expungement. By that point, a job has been lost or a housing application denied. The waiting periods under the statute are fixed, but the petition can be filed as soon as you become eligible. There is no benefit to waiting longer than necessary once the eligibility threshold is met.

Questions About Indianapolis Expungement

Does expungement completely erase my criminal record in Indiana?

Expungement in Indiana seals the record from public access rather than physically destroying it. Law enforcement and certain government agencies retain the ability to access sealed records in specific circumstances, such as if you are charged with a new crime. For most practical purposes, including employment background checks, housing applications, and licensing inquiries, the record is treated as though it does not exist.

What is Indiana’s waiting period before I can file for expungement?

The waiting period depends on the category of offense. Arrests and charges that did not result in conviction generally carry the shortest wait. Misdemeanor convictions require a longer waiting period measured from the date of conviction. Felony convictions require a longer period still, measured from the date of conviction or release from incarceration, whichever is later. The specific waiting periods are set by statute and should be confirmed against your individual record and circumstances.

Can I get a felony expunged in Indiana?

Yes, under Indiana law certain felony convictions are eligible for expungement. Lower-level felonies, particularly Class D felonies under the old classification system and Level 6 felonies under the current system, are often eligible and may be reclassified as misdemeanors as part of the expungement. Higher-level felonies face more restrictive requirements, and some categories of felonies, including many violent offenses, sex offenses, and official misconduct convictions, carry bars or significant limitations under the statute.

What happens if the prosecutor objects to my expungement petition?

Whether a prosecutor’s agreement is required, and what happens if they object, depends on the category of offense. For certain types of convictions, the prosecutor’s consent is required before a court can grant expungement. If the prosecutor objects, the case may proceed to a hearing where the court weighs the competing considerations. Having an attorney who can present a persuasive case for why expungement should be granted, and who understands how Marion County prosecutors typically approach these cases, is valuable in that scenario.

Can I expunge a conviction if I still owe court costs or fines?

Outstanding financial obligations related to the conviction can affect eligibility. Indiana’s expungement statute generally requires that financial obligations imposed as part of the sentence be satisfied before a petition can be granted. If unpaid fines or court costs remain on your record, addressing those first is typically a prerequisite to a successful expungement.

I was arrested but never charged. Can that arrest record be expunged?

Yes, and this is one of the more straightforward categories of Indiana expungement. Arrest records that did not lead to charges, or where charges were filed but later dismissed, are eligible for expungement. Many people do not realize this is possible, and they continue to have arrest records affecting their background checks even though they were never convicted of anything. Getting those records sealed is often a relatively clean process compared to conviction expungements.

Will expungement restore my right to own a firearm?

It depends on the specific conviction and the applicable state and federal law. Indiana law does provide for restoration of certain firearm rights following expungement of qualifying felony convictions. However, federal law imposes its own restrictions on firearm possession for people with certain felony convictions, and Indiana’s expungement does not automatically satisfy federal law requirements. This is an area where careful legal analysis of your specific conviction is essential before drawing conclusions about restored rights.

What happens to my expunged record if I am charged with a new crime later?

An expunged record in Indiana is not permanently invisible in all circumstances. If you are later charged with a new offense, prosecutors and courts may have access to the sealed record for purposes of charging decisions, sentencing enhancements, and other matters where prior history is legally relevant. Expungement removes the public visibility of the record; it does not eliminate the underlying history for all legal purposes.

Can I expunge records from multiple Indiana counties in one petition?

Indiana’s expungement statute addresses multi-county situations, but the mechanics require attention. Petitions must be filed in each county where a conviction occurred. The requirement to consolidate all eligible offenses in a single filing event means that if you have records in Marion County, Hamilton County, and Hendricks County, for example, coordinating the timing and filing across all three courts is necessary to avoid forfeiting future eligibility for any offenses you miss.

How long does the expungement process take in Marion County?

The timeline varies depending on the complexity of the petition and the court’s docket. Straightforward arrest record expungements can sometimes be resolved relatively quickly once the petition is filed and any required waiting periods have passed. Felony conviction expungements that require prosecutor review, and potentially a hearing, take longer. Practically speaking, clients should plan for the process to take several months from filing to final order and subsequent record sealing by the relevant agencies.

Does expungement affect records held by private background check companies?

This is a common and legitimate concern. Indiana’s expungement order applies to government agencies and courts, directing them to seal the records. Private background check companies compile their databases from various sources, and they may not update those databases immediately or automatically when an expungement order is granted. Indiana law does provide protections against the continued use of expunged records, and there are processes for addressing information that persists incorrectly in third-party systems. Following up on this after the order is granted is a step that should not be overlooked.

Indianapolis Expungement Services Across Central Indiana

Rigney Law LLC serves expungement clients throughout Indianapolis and the surrounding region. Within Indianapolis, the firm works with clients from the Near Northside, Broad Ripple, Irvington, Fountain Square, the Near Eastside, the Near Southside, Lawrence, Decatur Township, Pike Township, and Wayne Township, among many other neighborhoods and communities that make up Marion County. The firm also extends its expungement representation to clients in the surrounding counties and communities that fall within central Indiana’s broader metropolitan area.

Clients from Carmel, Fishers, Noblesville, and Westfield in Hamilton County, as well as those from Greenwood, Bargersville, and Whiteland in Johnson County, regularly work with Rigney Law on Indiana expungement matters. The firm also serves individuals in Avon, Plainfield, and Brownsburg in Hendricks County, and clients from Anderson and surrounding areas in Madison County. For clients with records spread across multiple counties, including Boone County, Morgan County, and Hancock County, coordinating filings across jurisdictions is a core part of what the firm handles.

Talk to an Indianapolis Expungement Attorney About Clearing Your Record

A record that is eligible for sealing under Indiana law does not have to keep following you. Reaching out to an Indianapolis expungement attorney sooner rather than later means finding out whether you qualify, when you can file, and what relief you stand to gain. The attorneys at Rigney Law LLC offer a free initial consultation. Call or contact the firm today to schedule yours and start the process of finding out what expungement can do for your situation.