Request A Free Consultation

Can You Expunge a Felony Conviction in Indiana?

Posted on Wednesday, December 9th, 2020 at 5:40 pm    

A felony conviction is one of the worst things to have on your record. Felony convictions on your record can make it hard to find a job. They can affect your eligibility for government programs. They can even affect constitutional rights like your right to carry a firearm. So, is there any way to get a felony conviction off your record in Indiana?

There is, in many situations, and if you have a felony conviction that is having a negative impact on your life, you should talk to an Indiana Expungement attorney today and see what your options are. You can reach out to us at T Criminal Defense Team to speak to one of our felony Expungement lawyers today.

How Can A Felony Be Expunged in Indiana?

There are basically two ways to get a felony expunged:

  1. The Indiana Expungement statute allows for certain crimes to be expunged after set periods of time.
  2. Certain convictions require prosecutor approval and a set time period to pass. Please note, the time periods required to wait may be waived with prosecutorial consent, so you may be able to get started on expunging your record before the waiting periods are up.

We’ll start with the first route, Expungements allowed for by statute without prosecutor approval.

The Expungement statute, Indiana Code 35-38-9 contains all of the information we’ll be discussing, but it can be a bit confusing, which is why it is good to consult with an Expungement lawyer. It’s also important to note that for all Expungements, misdemeanor or felony, you must have no charges currently pending against you, and you must have satisfied all of your financial obligations from the case, including court costs, fines, and restitution.

To begin with, there are some types of felonies that can never be expunged, such as:

  • Homicide
  • Sexual or violent crimes
  • Having two or more felony convictions involving a deadly weapon
  • Official misconduct
  • A felony that resulted in death to another

How Long Do I Have to Wait to Try and Get a Felony Expungement?

If the felony conviction is not on that list, then it likely is eligible for Expungement at some point, and the question then becomes how long you have to wait and stay out of trouble. To begin with, Class D felonies or Level 6 felonies that have been reduced to misdemeanors are treated like misdemeanors and are eligible for Expungement after five years from the date of conviction. If the Level 6 or Class D felony remains as a felony and is never reduced to a misdemeanor, then it can still be expunged, but you have to wait eight years from the date of conviction.

For other felony convictions, including Class A, Class B, and Class C felonies (under the old code) or Levels 1–5 felonies under the current code, they still likely can be expunged as long as they are not on the list above and eight years have passed from the date of conviction or three years have passed since the sentence has been completed, whichever is longer. These types of crimes would largely consist of major felony drug crimes or thefts with high dollar amounts.

Is Prosecutor Approval Needed for a Felony Expungement?

Everything we’ve discussed so far can be done without prosecutor approval. It should be noted that these “serious” felonies (i.e., higher than Class D or Level 6) are at the discretion of the court as to whether they should be granted; they can be filed without prosecutorial approval. As long as you have stayed out of trouble for the required period, and satisfied your financial obligations, you do qualify for Expungement. However, for felonies involving serious bodily injury or crimes committed by elected officials while in office, prosecutor approval is required. On top of that, you must wait at least ten years from the date of conviction or five years after completing the sentence, whichever is longer.

Here at The Criminal Defense Team, we have trained felony Expungement lawyers who can assist you in cleaning up your criminal history. Whether it’s arrest records from one bad night or court records from a serious felony conviction, we love to help people put the past behind them and move toward a better future. We have offices in Franklin, Indianapolis, and Noblesville, but we handle Expungements all over the state of Indiana. Call us today for a free consultation about your Expungement needs.

Call Us now to Speak

The Results

How We Get The Best Possible Results For Our Clients

We are confident that our collective expertise concentrating in criminal law will put our clients in the best position to receive the best practical outcome available.

5 OF 6
3 Former Prosecutors
Having 3 former prosecutors on our team gives us a strategic advantage when fighting the people prosecuting you
120+ Years
of dedicated criminal law experience, serving the entire state of Indiana
400+ Jury Trials
Our team has taken 1000+ cases to trial, including 400+ jury trials

National Board of Trial Advocacy Certifications

Our Board Certifications

More than 15,000 lawyers practice in Indiana, but only 6 can claim the title of Board Certified* Criminal Law Specialist. Amazingly, 5 of those 6 certified specialists work closely together in the same law firm…our firm. Our team has been assembled by design, not happenstance.

Board Certification is an elite title reserved for those lawyers who have expertise and dedication in one area of law as well as extensive trial experience. We are proud of that title and what it represents. Our Board Certified* lawyers fight for our clients and work with all of our lawyers every day to help obtain the best possible outcome for our clients.

You wouldn’t want a general practice doctor who is not board certified to handle your heart condition, why would you want a general practice law firm with no Board Certified Criminal Trial Specialists to handle your criminal case?

*Andrew Baldwin, Mark Kamish, Kathie Perry, Maxwell Wiley, and Carrie Miles are certified Criminal Trial Specialists by the National Board of Trial Advocacy (NBTA), a nonprofit organization that certifies attorneys of various legal focuses. To earn an NTBA certification, an attorney must demonstrably show the highest levels of trial experience, competence and integrity.

Send Us A Message

Request a Free Consultation

speak to an attorney

2900 E 96th St, Suite B, Indianapolis, IN 46240


150 North Main St, Franklin, IN 46131


23 S 8th St, Noblesville, IN 46060