Family Law
Your Trusted Expungement Attorney in Indiana
A Past Arrest or Conviction Does Not Have to Follow You Forever
Indiana law gives most people the opportunity to clear or seal their criminal records — but the process is more technical and unforgiving than most people expect. A single missing piece of information on a petition, a filing in the wrong court, or a petition submitted before the required waiting period has elapsed can result in automatic rejection. And because Indiana law generally allows only one expungement petition per lifetime, a rejected or improperly filed petition can foreclose the opportunity entirely.
The consequences of a criminal record that could have been cleared but was not are lasting and practical: employers run background checks, landlords screen applicants, and professional licensing boards review criminal histories. A record that shows up in those searches — even for an arrest that never led to a conviction — can close doors that a properly executed expungement would have opened permanently.
Working with an experienced criminal defense attorney in Evansville who knows Indiana’s expungement statutes and filing requirements is the most reliable way to get it done correctly the first time.
Our Approach
How Indiana Expungement Works — and How Ziemer & Ziemer Navigates It
Expunging an Arrest That Did Not Result in a Conviction
When a person is arrested but the charges are dropped, dismissed, or result in an acquittal, that arrest record does not disappear automatically. Indiana law allows the person to petition for expungement of that arrest record, but only after waiting at least one full year from the date of the arrest. The petition must be filed with the court that has jurisdiction over both the geographic location of the arrest and the offense alleged. Courts accept only one specific form for this type of petition and will automatically reject any submission that contains missing or incomplete information.
When an arrest record is successfully expunged in Indiana, it is destroyed at the state level. No one searching state databases will ever be able to access it. Any copies retained by local law enforcement agencies are permanently sealed.
Expunging a Misdemeanor or Low-Level Felony Conviction
Expunging a conviction requires meeting a different set of requirements and waiting longer. For felony charges at the lower levels, Indiana law requires waiting eight years following the conviction before filing. That waiting period can be shortened if the prosecutor who secured the original conviction agrees in writing to support the earlier petition — an avenue worth exploring in appropriate cases. The petition must be filed with the correct circuit or superior court and must be accompanied by documentation confirming that the petitioner has been released from imprisonment or house arrest, completed any parole obligations, paid all fines and restitution, and gone the full waiting period without a new arrest or conviction.
A court that receives a properly filed felony expungement petition may hold a hearing at which the petitioner’s attorney can speak on their behalf. The outcome is not guaranteed, but a well-prepared petition with complete documentation and a strong legal argument significantly improves the odds.
What Expungement Does — and What It Does Not Do
Conviction records that are expunged in Indiana are retained but sealed at the state level. The court’s order applies across court records, jail and prison records, state hospital records, and related agency records. Once sealed, those records cannot be accessed by employers, landlords, or the general public. Only a subsequent court order issued to a law enforcement official or an attorney involved in an active legal matter can unseal an expunged conviction record.
Indiana’s expungement law excludes certain categories of convictions. People convicted of violent offenses, sexual offenses, perjury, and public corruption charges are generally not eligible. Outside of those categories, even individuals with significant felony histories may qualify if they meet the specific statutory requirements and waiting periods that apply to their situation.
Sole custody means one parent holds primary legal or physical custody. The other parent typically receives parenting time, but one parent carries the decision-making authority or the child primarily resides with one household.
Joint custody means both parents share legal or physical custody, or both. Joint arrangements require a workable level of communication and cooperation between parents. Indiana courts can order joint custody even when one parent objects, if the evidence supports it as the best arrangement for the child.
WHY NOT GO IT ALONE
Why the Expungement Process Requires an Attorney
Indiana’s expungement process looks straightforward on paper and becomes complicated in practice. The forms, timelines, filing courts, and documentation requirements differ based on the type of record being expunged. A petition that is technically deficient — even in a minor way — will be rejected. A petition filed in the wrong court will be rejected. A petition filed one day before the waiting period expires will be rejected.
Because Indiana generally permits only one expungement petition per lifetime, there is no room for a trial run. A failed petition cannot simply be refiled with corrections. In many cases, a rejected petition permanently closes the window. The stakes of getting it right the first time are high enough that working through the process with an attorney who has handled Indiana expungement cases is not optional for most people — it is essential.
WHY NOT GO IT ALONE
Why the Expungement Process Requires an Attorney
Indiana’s expungement process looks straightforward on paper and becomes complicated in practice. The forms, timelines, filing courts, and documentation requirements differ based on the type of record being expunged. A petition that is technically deficient — even in a minor way — will be rejected. A petition filed in the wrong court will be rejected. A petition filed one day before the waiting period expires will be rejected.
Because Indiana generally permits only one expungement petition per lifetime, there is no room for a trial run. A failed petition cannot simply be refiled with corrections. In many cases, a rejected petition permanently closes the window. The stakes of getting it right the first time are high enough that working through the process with an attorney who has handled Indiana expungement cases is not optional for most people — it is essential.
WHY ZIEMER & ZIEMER
