How does expungement work in Indiana?

Under the Indiana Second Chance Law (IC 35-38-9), you can petition to seal (expunge) your criminal record. Waiting periods depend on the offense: 1 year for arrests without conviction, 5 years for misdemeanors, 8 years for Level 6 felonies, and 8-10 years for certain higher felonies. You can only file one expungement petition in your lifetime, so it is important to include all eligible records in a single petition.

Does Indiana have ban-the-box?

Only for state government employers. Indiana's executive branch agencies cannot ask about criminal history on initial job applications. Private employers have no such restriction — they can ask about criminal history at any point in the hiring process, including on the application form.

What offenses cannot be expunged in Indiana?

Indiana generally excludes from expungement: murder, voluntary manslaughter, sex offenses requiring registration, human trafficking, and offenses involving serious bodily injury where the person was not a minor. Official misconduct and perjury are also excluded. Additionally, you cannot have any pending charges when you file your petition.

Can I only file for expungement once in Indiana?

Yes. Indiana law limits you to one expungement petition per lifetime. This is why it is critical to include ALL eligible offenses in your single petition. Working with a legal aid attorney can help ensure you include everything and maximize the benefit of your one petition.

Will an expunged record still show up on an Indiana background check?

Once a record is expunged in Indiana, it is sealed from public view and should not appear on standard employment background checks. However, law enforcement and certain licensing agencies may still access sealed records. Some private databases may retain old records even after expungement — if this happens, you may have the right to dispute the report under the FCRA.

Does Indiana require employers to do individualized assessments?

No. Indiana does not have a state law requiring employers to perform individualized assessments when considering criminal records. Employers can technically make blanket decisions based on criminal history. However, federal EEOC guidance recommends individualized assessment to avoid potential Title VII discrimination claims.

How do I start the expungement process in Indiana?

You need to file a verified petition in the county where the arrest or conviction occurred. The petition must include specific information about the offense, your current situation, and your rehabilitation. You will need your criminal history report from the Indiana State Police. Free legal aid organizations like Indiana Legal Services can help you prepare and file your petition at no cost.

Indiana Background Check Laws

No state lookback limitLast updated: 2026-04-01

Indiana has no state lookback limit — convictions appear on background checks indefinitely. Ban-the-box applies to state government employers only. Indiana offers petition-based expungement (IC 35-38-9) for a range of offenses including certain felonies, with waiting periods of 1 to 10 years.

Overview

Indiana does not impose a state-level time limit on how far back criminal convictions can appear on a background check. Under the federal FCRA defaults, convictions can be reported indefinitely by consumer reporting agencies. This means a decades-old conviction can still show up when an employer runs a background check on you in Indiana. Indiana has a limited ban-the-box policy that applies only to state government employers. Executive branch agencies are prohibited from asking about criminal history on initial employment applications. However, this does not extend to private employers or local governments, so the majority of Indiana employers can still inquire about criminal history at any point in the hiring process. On a positive note, Indiana has one of the more accessible expungement systems in the country. Under IC 35-38-9, individuals can petition to have certain criminal records sealed (referred to as expungement in Indiana, though records are technically sealed rather than destroyed). The law covers a range of offenses from arrests without conviction to certain felonies, with waiting periods ranging from 1 to 10 years depending on the offense level.

How Far Back Does a Background Check Go in Indiana?

Record Type	Rule in Indiana
Felony Convictions	Reported indefinitely. No state time limit on felony conviction reporting. Felony convictions from any time period can appear on a standard background check.
Misdemeanor Convictions	Reported indefinitely. No state time limit on misdemeanor conviction reporting.
All Convictions	No state limit. Convictions are reported indefinitely under FCRA defaults. Indiana has no statute restricting how far back consumer reporting agencies can report criminal convictions.
Arrests (No Conviction)	Under the FCRA, arrests not leading to conviction can be reported for up to 7 years. Indiana does not impose a stricter limit. Arrests that were expunged under IC 35-38-9 will not appear.
Pending Cases	Pending charges can be reported and considered by employers. Indiana does not restrict the reporting of pending criminal cases.

Ban the Box / Fair Chance

Yes

Indiana has a ban-the-box policy for state executive branch employers only. State agencies cannot ask about criminal history on initial employment applications. This policy does not extend to private employers, local governments, or non-executive state agencies. Private employers in Indiana can ask about criminal history at any point in the hiring process, including on the initial application.

Effective: 2017-01-01

Clean Slate / Auto-Sealing

No Clean Slate law

Indiana does not have a Clean Slate automatic record-sealing law. However, Indiana has a robust petition-based expungement system under IC 35-38-9 (enacted in 2013, often called the Second Chance Law). Eligible individuals can petition to seal records including: arrests without conviction (1-year wait), misdemeanor convictions (5-year wait), Level 6 felonies (8-year wait), and certain higher-level felonies (8-10 year wait). Sex offenses, homicide, and human trafficking are generally excluded.

What Employers Can Do in Indiana

When can employers ask about criminal history?: Private employers in Indiana can ask about criminal history at any time, including on the initial job application. State executive branch employers must delay inquiry until after the application stage.
What can they consider?: Indiana employers can consider any criminal conviction regardless of age or relevance to the job. There is no state law requiring individualized assessment. However, if a record has been expunged under IC 35-38-9, it is sealed and should not appear on background checks. Federal EEOC guidance recommends considering offense nature, time elapsed, and job relevance.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in Indiana

Indiana Second Chance Law / Expungement Statute (IC 35-38-9)(2013)
Allows petition-based sealing (expungement) of criminal records. Covers arrests without conviction (1-year wait), misdemeanor convictions (5 years), Level 6 felonies (8 years), and certain higher-level felonies (8-10 years). Excludes sex offenses, homicide, and human trafficking. A person may only file one expungement petition in their lifetime.
Indiana Executive Order — Ban-the-Box (State Employers)(2017)
Prohibits state executive branch agencies from asking about criminal history on initial employment applications. Does not apply to private employers or local governments.
Fair Credit Reporting Act (FCRA) — Federal(1970)
Federal law governing background check agencies. Since Indiana has no stricter state law regarding lookback periods, FCRA defaults apply: convictions reported indefinitely, non-conviction arrests limited to 7 years.

Frequently Asked Questions — Indiana

How far back does a background check go in Indiana?: Indiana has no state lookback limit. Criminal convictions — both felonies and misdemeanors — can be reported indefinitely on background checks. Under the federal FCRA, arrests not leading to conviction are limited to 7 years. The only way to prevent old convictions from appearing is to have them expunged under IC 35-38-9.
How does expungement work in Indiana?: Under the Indiana Second Chance Law (IC 35-38-9), you can petition to seal (expunge) your criminal record. Waiting periods depend on the offense: 1 year for arrests without conviction, 5 years for misdemeanors, 8 years for Level 6 felonies, and 8-10 years for certain higher felonies. You can only file one expungement petition in your lifetime, so it is important to include all eligible records in a single petition.
Does Indiana have ban-the-box?: Only for state government employers. Indiana's executive branch agencies cannot ask about criminal history on initial job applications. Private employers have no such restriction — they can ask about criminal history at any point in the hiring process, including on the application form.
What offenses cannot be expunged in Indiana?: Indiana generally excludes from expungement: murder, voluntary manslaughter, sex offenses requiring registration, human trafficking, and offenses involving serious bodily injury where the person was not a minor. Official misconduct and perjury are also excluded. Additionally, you cannot have any pending charges when you file your petition.
Can I only file for expungement once in Indiana?: Yes. Indiana law limits you to one expungement petition per lifetime. This is why it is critical to include ALL eligible offenses in your single petition. Working with a legal aid attorney can help ensure you include everything and maximize the benefit of your one petition.
Will an expunged record still show up on an Indiana background check?: Once a record is expunged in Indiana, it is sealed from public view and should not appear on standard employment background checks. However, law enforcement and certain licensing agencies may still access sealed records. Some private databases may retain old records even after expungement — if this happens, you may have the right to dispute the report under the FCRA.
Does Indiana require employers to do individualized assessments?: No. Indiana does not have a state law requiring employers to perform individualized assessments when considering criminal records. Employers can technically make blanket decisions based on criminal history. However, federal EEOC guidance recommends individualized assessment to avoid potential Title VII discrimination claims.
How do I start the expungement process in Indiana?: You need to file a verified petition in the county where the arrest or conviction occurred. The petition must include specific information about the offense, your current situation, and your rehabilitation. You will need your criminal history report from the Indiana State Police. Free legal aid organizations like Indiana Legal Services can help you prepare and file your petition at no cost.

Indiana Resources

Indiana State Police — Criminal History Records
Request your Indiana criminal history record. You will need this to identify all records eligible for expungement.
Indiana Legal Services — Expungement
Provides free legal assistance to low-income Hoosiers, including help with criminal record expungement petitions.
Indiana Department of Workforce Development
State agency providing employment resources, job training, and support for job seekers including those with criminal records.
Neighborhood Christian Legal Clinic
Offers free expungement clinics and legal assistance for people with criminal records in Indiana.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Indiana for advice about your specific situation. Information was last verified on 2026-04-01.

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