The waiting periods.
Indiana's Second Chance Law (IC 35-38-9) applies the same way in Posey County as everywhere else in the state. In general:
- Arrests without a conviction: 1 year after the arrest (IC 35-38-9-1).
- Misdemeanors, and Level 6 / Class D felonies reduced to a misdemeanor: 5 years after the conviction (IC 35-38-9-2).
- Level 6 / Class D felonies not reduced: 8 years after the conviction (IC 35-38-9-3).
- Most other felonies: 8 years after the conviction, or 3 years after the sentence is completed if later (IC 35-38-9-4).
- Felonies that caused serious bodily injury (and certain others): 10 years, or 5 years after the sentence if later, and only with the prosecutor's written consent (IC 35-38-9-5).
You also generally need no pending charges and no new convictions during the waiting period. Some offenses — including sex or violent offenses requiring registration and homicide offenses — can't be expunged at all.
How it works here.
Expungement petitions are filed electronically in the Posey County court where you were convicted. Indiana charges a $157 filing fee per petition. If you have convictions in more than one county, filing them all within 365 days generally counts as a single petition under Indiana's one-petition rule — which makes getting the list right the first time important.
Most petitions for misdemeanors and reduced felonies are decided on the paperwork, without a hearing. If the Posey County court or prosecutor sets a hearing, we can quote full representation.
Find out where you stand.
Take the free 60-second check, or talk it through with us. Most people know their next step in under five minutes.