How to Expunge a Criminal Record in Expungement Lawyer Bloomington: Steps & Eligibility

Bloomington, Indiana expungement guide

Can your Bloomington criminal record be expunged?

Indiana’s expungement law can seal many arrests, misdemeanors and eligible felony convictions, but the result depends heavily on what happened in the case, the conviction level, how much time has passed, whether all financial obligations are satisfied and whether another case is still pending. For Bloomington cases, petitions are generally handled through the Monroe Circuit Court system under Indiana Code Chapter 35-38-9.

Location: Bloomington / Monroe County, Indiana Law: Indiana Code 35-38-9 Information checked: September 24, 2026 Primary sources: Indiana Courts, Monroe County and Indiana State Police
Fast answer: Indiana generally uses a 1-year rule for certain arrests without conviction, 5 years for misdemeanor convictions, 8 years for eligible Class D/Level 6 felonies, and longer waiting periods for higher-level felonies. Some dismissals and acquittals now receive automatic relief. Conviction expungements also carry an important one-lifetime-petition rule, so it is wise to identify every Indiana conviction before filing.

Indiana expungement usually means sealing or restricting access—not destroying the record

Indiana uses the word expungement, but the practical result is not always the physical destruction of every government record.

Indiana Courts explains that records handled under Indiana Code 35-38-9 are generally sealed, restricted from public access or marked as expunged depending on the statutory category. Certain criminal-justice agencies can still retain or access information for authorized purposes.

Do not assume “expunged” means “erased everywhere.” Lower-level records can become unavailable to ordinary public searches, while some higher-level felony records can remain public but be clearly marked as expunged.

Once a qualifying order is entered, the court forwards the verified petition and order to agencies such as the Indiana State Police so their records can be processed according to the order.

Indiana expungement eligibility at a glance

Indiana divides criminal-record expungement into categories based primarily on the outcome of the case and seriousness of the conviction.

Indiana category Typical record General waiting period General result / issue
Category 1
I.C. 35-38-9-1
Arrest or charge that did not result in conviction; certain vacated matters Some cases automatic; otherwise commonly 1 year for qualifying arrest situations Records are generally sealed/redacted from public access.
Category 2
I.C. 35-38-9-2
Misdemeanor, including certain Level 6/Class D felonies converted to misdemeanors 5 years after conviction Mandatory relief when statutory requirements are satisfied.
Category 3
I.C. 35-38-9-3
Eligible Class D or Level 6 felony without bodily injury 8 years after conviction Mandatory relief when statutory requirements are satisfied.
Category 4
I.C. 35-38-9-4
Other eligible felony without serious bodily injury or death Later of 8 years after conviction or 3 years after sentence completion Court has discretion; conviction can remain public but marked expunged.
Category 5
I.C. 35-38-9-5
Certain remaining eligible serious felonies Later of 10 years after conviction or 5 years after sentence completion Written prosecutor consent is required; court retains discretion.

These are general statutory categories, not an individual eligibility decision. Prosecutor agreement can shorten certain statutory waiting periods, and exclusions can change which category applies.

Category 1: arrest or charge without a conviction

Category 1 is often the most favorable type of Indiana expungement because it concerns arrests or criminal charges that did not result in a conviction, certain juvenile matters, and convictions later vacated on appeal.

Common examples

  • arrest but no charge was ever filed
  • criminal charge dismissed
  • acquittal
  • conviction later vacated on appeal
  • qualifying juvenile allegation without adjudication
No-conviction petitions generally do not require the ordinary civil filing fee. That is different from petitions involving a conviction.

A person currently participating in a pretrial diversion program generally cannot use the ordinary Category 1 petition unless the prosecutor authorizes it.

Some Indiana dismissals and acquittals are now automatically expunged

Indiana law changed in 2022 to provide automatic relief in several non-conviction situations.

Current Indiana court guidance says the court can automatically order records expunged when, among other qualifying situations:

  • all pending criminal charges are dismissed
  • a defendant is acquitted of all charges at trial
  • a conviction is later vacated
  • certain juvenile allegations are resolved favorably

For many dismissal and acquittal orders, implementation cannot occur earlier than 60 days after the dismissal or acquittal, although statutory exceptions and delays can apply.

Before filing a new petition: search your case on Indiana MyCase. If the old public record has already disappeared, automatic expungement may already have occurred.

Category 2: Indiana misdemeanor convictions

Indiana Code 35-38-9-2 covers misdemeanor convictions and certain former Class D or current Level 6 felonies that were reduced to misdemeanors.

General waiting period: at least 5 years from the date of conviction, unless the prosecuting attorney agrees in writing to a shorter period.

If the statutory requirements are satisfied, Category 2 is generally a mandatory form of relief— meaning the court is required to grant the petition rather than simply deciding whether it prefers to do so.

Before filing, verify that:

  • the waiting period has run
  • no disqualifying criminal charge is pending
  • applicable fines and court costs are paid
  • restitution has been satisfied
  • your record does not fall within a statutory exclusion

Category 3: eligible Class D or Level 6 felony

Indiana Code 35-38-9-3 applies to eligible former Class D or current Level 6 felony convictions that did not involve bodily injury to another person as defined by the statute.

General waiting period: at least 8 years after the date of conviction, unless the prosecutor agrees in writing to a shorter period.

Like Category 2, this category can provide mandatory relief when all statutory requirements are met.

Do not classify the case by memory alone. Indiana changed felony classifications in 2014. Obtain the actual judgment so you know whether the conviction was a Class D felony, Level 6 felony or another level.

Category 4: other eligible Indiana felonies

Category 4 covers certain felony convictions that are more serious than Category 3 but did not result in serious bodily injury or death and are not excluded by statute.

General timing: file no earlier than the later of: 8 years after conviction, or 3 years after completion of the sentence, unless the prosecuting attorney agrees to a shorter period.

Unlike Categories 2 and 3, the court has discretion in this category. Meeting every technical requirement does not guarantee that the judge will grant relief.

Current Indiana court guidance also states that a Category 4 petitioner must generally show that no criminal charge is pending, financial obligations are satisfied and the petitioner has not been convicted of a felony or misdemeanor during the applicable preceding period.

Important result: Category 4 relief does not necessarily make the conviction file disappear from public view. Indiana law can require the record to remain publicly accessible but visibly marked as expunged.

Category 5: certain serious felonies

Indiana Code 35-38-9-5 covers certain remaining eligible felony convictions, including some matters involving serious bodily injury.

General timing: the later of 10 years after conviction or 5 years after completion of the sentence, unless the prosecuting attorney consents in writing to an earlier period.

Prosecutor consent is mandatory

Category 5 has an additional requirement that makes it fundamentally different: the prosecuting attorney must consent in writing to the expungement.

A recent 2026 Indiana Court of Appeals decision reinforced that failure to obtain and attach required prosecutor consent can make a Category 5 petition facially defective.

Category 5 is a strong reason to consult a Bloomington expungement lawyer. Eligibility analysis, prosecutor consent and the discretionary nature of the petition make this substantially more complicated than a straightforward misdemeanor filing.

Criminal records that may not qualify for Indiana expungement

Indiana’s exclusions are detailed and offense-specific. Current Indiana court guidance identifies several categories of people or convictions that can be excluded.

Examples include:

  • certain sex or violent offenders
  • certain homicide-related offenses
  • certain human-trafficking offenses
  • certain sex offenses
  • some official-misconduct convictions
  • felonies resulting in death
  • certain repeated felony deadly-weapon offenses
  • unlawful possession of a firearm by a serious violent felon
This list is not exhaustive. Never decide eligibility from a short online list when the conviction is serious. Compare the precise Indiana Code section of conviction with the current version of I.C. 35-38-9.

The critical Indiana rule: you usually get one lifetime conviction-expungement filing opportunity

This is one of the most important things to understand before filing.

For conviction petitions under Categories 2 through 5, Indiana generally allows a person to file an expungement petition only once during the person’s lifetime.

If convictions exist in several Indiana counties, separate county petitions can still count as one petition for this rule if they are filed within the same 365-day period.

Do not rush a Monroe County filing before checking the rest of Indiana. If you have old cases in Indianapolis, Bedford, Terre Haute, Evansville or another county, identify them before starting the 365-day window.

Arrest/non-conviction petitions under Category 1 are not subject to this same one-lifetime limitation.

How to expunge a criminal record in Bloomington step by step

Get your complete Indiana case list

Search Indiana MyCase, review your Indiana State Police history where appropriate, and collect cause numbers, conviction dates and dispositions.

Identify every Indiana county involved

Convictions in another county generally require a petition in that county. Remember the 365-day multi-county rule.

Determine the correct statutory category

Decide whether each matter falls under Category 1, 2, 3, 4 or 5. Do not assume every felony follows the same waiting period.

Check waiting periods and financial obligations

Verify conviction date, sentence-completion date, restitution, fines, fees and court costs.

Prepare one consolidated Monroe County conviction petition

Indiana requires a petitioner to consolidate convictions from the same county into the appropriate petition rather than filing them piecemeal.

File with the correct Monroe Circuit Court

Bloomington is served by the Monroe Circuit Court, a unified nine-division court. The Clerk can explain filing mechanics but cannot give legal advice.

Serve the Monroe County Prosecuting Attorney

Indiana law requires service of the petition on the prosecuting attorney.

Respond to objections or attend a hearing if required

If the prosecutor objects, the court generally sets a hearing no sooner than 60 days after service of the petition.

Keep the signed expungement order

The court distributes qualifying orders to agencies, including Indiana State Police, but keep your own certified copy for future record-correction issues.

Recheck MyCase and criminal-history records later

Give agencies time to process the order, then verify that public access changed as the order requires.

What information goes into an Indiana expungement petition?

Conviction petitions require detailed identifying and case information. Current Indiana court guidance includes items such as:

  • full legal name
  • former legal names and aliases
  • date of birth
  • Social Security number
  • driver’s license number
  • addresses covering the required period
  • court cause number
  • date of conviction
  • offense information
  • other expungement petitions filed
  • collateral actions when applicable
  • required prosecutor consent for Category 5
Privacy matters. Expungement petitions can require sensitive identifiers. Follow Indiana’s confidential-information filing rules instead of placing private identifiers into ordinary public-facing documents.

Monroe County Prosecutor’s role in an expungement

Indiana law requires a copy of a conviction-expungement petition to be served on the prosecutor. The prosecutor generally has 30 days after receipt to respond.

If the prosecutor does not timely respond to an ordinary petition, statutory objection can be waived. That rule should not be confused with Category 5, where affirmative written consent is itself required.

Local prosecutor

Monroe County Prosecuting Attorney

Charlotte Zietlow Justice Center
301 N. College Avenue, Room 211
Bloomington, IN 47404

Main: 812-349-2670
Expungements: 812-349-2693
Expungement email: cdp@co.monroe.in.us
Do not assume calling the prosecutor replaces a petition. The office can explain its procedures, but the court decides the petition, and Category 5 requires actual written prosecutor consent.

Will you have to attend an expungement hearing?

Not every Indiana expungement requires a contested hearing.

If the prosecuting attorney does not object and the legal requirements are otherwise satisfied, a court can sometimes grant a petition without a hearing.

If the prosecutor objects, Indiana law generally requires the court to set a hearing no sooner than 60 days after the petition was served on the prosecutor.

A victim may also have statutory rights to provide a statement in support of or opposition to certain expungement petitions.

Category 4 and 5 hearings deserve extra preparation. The judge has discretion in these categories, so eligibility alone may not resolve the case.

How much does an Indiana expungement cost to file?

No conviction

Generally no filing fee

Indiana’s Category 1 arrest/non-conviction petitions generally do not carry the civil filing fee.

Conviction

Civil filing fee applies

Petitions under Categories 2–5 are assessed the applicable civil filing fee. The court may reduce or waive the fee for an indigent petitioner.

Indiana trial-court fee schedules commonly list the conviction-expungement XP filing fee at $157, but local assessments can change. Confirm the amount with the Monroe County Clerk immediately before filing.

Fee waiver: Monroe County publishes a fee-waiver request procedure. Ask the Clerk about the current form before opening the case because the county warns that waiver determinations may need to occur before case initiation.

Do you need an expungement lawyer in Bloomington?

No Indiana statute requires every petitioner to hire an attorney. Indiana State Police expressly notes that an expungement petition can be filed pro se or through private legal counsel.

The better question is whether your particular record is simple enough to handle safely yourself.

A lawyer may be especially useful when:

  • you have convictions in multiple Indiana counties
  • you are unsure whether a felony is Category 3, 4 or 5
  • the prosecutor objects
  • Category 5 written consent is required
  • the offense involves bodily injury
  • you have old convictions under Indiana’s pre-2014 classification system
  • you previously filed an expungement petition
  • you may have missed a conviction in another county
  • you have pending criminal charges
  • restitution, fines or court costs remain disputed
  • a prior petition was denied
  • your criminal-history report does not match the court record
The one-lifetime conviction-petition rule is the biggest reason not to file blindly. A cheap or fast filing can become expensive if it starts the 365-day multi-county window before every eligible Indiana conviction has been identified.

Indiana Courts also maintains a Self-Service Legal Center for people who choose to proceed without counsel, while encouraging users to speak with a lawyer before filing when legal questions are involved.

Indiana Self-Service Legal Center Monroe County free / reduced legal services

Where to file a Bloomington / Monroe County expungement

Bloomington criminal cases are handled within the Monroe Circuit Court, a unified court with nine divisions.

Monroe County specifically publishes an Expungement section for petitions under Indiana Code 35-38-9.

Court

Monroe Circuit Court

Charlotte Zietlow Justice Center
301 N. College Ave., Suite 302
Bloomington, IN 47404

Phone: 812-349-2615
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m.
Clerk

Monroe County Clerk

Charlotte Zietlow Justice Center
301 N. College Ave., Suite 201
Bloomington, IN 47404

Mail: P.O. Box 547, Bloomington, IN 47402
Phone: 812-349-2614
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m.

Map: Charlotte Zietlow Justice Center, 301 N. College Avenue, Bloomington, Indiana 47404.

Monroe County expungement information

Search MyCase before filing anything

Indiana’s MyCase is the state’s official public court-case search for courts using the Odyssey case-management system.

Use MyCase to collect:

  • cause number
  • county
  • court
  • charge
  • conviction date
  • final disposition
  • sentencing information
  • possible unpaid financial obligations
After expungement: Indiana Courts says a granted XP expungement case is generally removed from ordinary public access, while a pending or denied expungement petition may remain publicly searchable.

What happens to the Indiana State Police criminal-history record?

Indiana State Police is the state’s central criminal-history repository. When a court grants an expungement or sealing order, the local court forwards the required verified petition and order to the ISP Expungement Section for processing.

State agency

Indiana State Police Expungement Section

Phone: 317-234-4427
Email: Expungement@isp.IN.gov

ISP cautions that processing can be delayed if the court does not provide all required paperwork.

Indiana State Police expungement information

What changes after an Indiana expungement is granted?

The exact effect depends on the expungement category.

Categories 1–3

Public access is strongly restricted

Qualifying arrest, misdemeanor and lower-level felony records are generally sealed or removed from ordinary public access.

Categories 4–5

May remain public

Certain higher felony records remain public but must be clearly and visibly marked as expunged.

Criminal justice

Some access remains

Courts and criminal-justice agencies may retain or access records for legally authorized purposes.

Indiana court guidance also states that an expungement order under the conviction sections includes language addressing restoration of civil rights.

Firearm rights require special care. Do not assume that every firearm disability automatically disappears with an expungement, particularly when a domestic-violence conviction or federal restriction may be involved. That is an area where individualized legal advice is appropriate.

Can an employer ask about an expunged Indiana record?

Indiana law provides protections against using expunged records to discriminate in several contexts, including employment and licensing.

However, exceptions and specialized disclosure rules can apply to particular professions, government agencies, law-enforcement employment, licensing systems and federal processes.

Example of an exception: Indiana’s Board of Law Examiners expressly requires applicants to disclose certain expunged matters during the bar-admission character-and-fitness process.

If an application specifically asks about expunged records, read the instructions carefully instead of assuming the ordinary employment rule controls.

What if your Indiana criminal-history report is wrong?

Expungement is not the same as correcting an inaccurate criminal record.

If your Indiana State Police history contains an arrest, charge or disposition that is inaccurate, ISP provides a fingerprint-based Criminal Record Review Challenge process.

Get your fingerprint-based Indiana record

Follow ISP’s current fingerprint scheduling instructions.

Compare it with the Monroe County court record

Obtain court documentation showing the correct charge, disposition or identity.

Submit the challenge to ISP

ISP recommends having court documentation available to support the requested correction.

ISP Criminal History Administration currently lists: CriminalHistory@isp.IN.gov and 317-232-8262.

Bloomington expungement filing checklist

  • search your name on Indiana MyCase
  • list every Indiana arrest and conviction
  • identify all counties involved
  • collect every cause number
  • confirm conviction level
  • check conviction date
  • check sentence-completion date
  • verify fines and costs are paid
  • verify restitution is satisfied
  • check for pending criminal charges
  • determine the correct statutory category
  • check whether the record was automatically expunged
  • coordinate multi-county filings within 365 days
  • obtain Category 5 prosecutor consent if required
  • serve the prosecutor correctly
  • keep a certified copy of the final order

Bloomington criminal record expungement: frequently asked questions

1. How long do I have to wait to expunge a misdemeanor in Indiana?

Indiana Code 35-38-9-2 generally requires at least five years from the date of conviction, unless the prosecuting attorney agrees in writing to a shorter waiting period.

2. How long do I have to wait for a Level 6 felony?

An eligible Level 6 or former Class D felony under Indiana Code 35-38-9-3 generally requires eight years from conviction unless the prosecutor agrees in writing to a shorter period.

3. Is there a filing fee for an Indiana expungement?

Qualifying arrest/non-conviction petitions generally do not require a filing fee. Conviction petitions under Categories 2 through 5 require the applicable civil filing fee, although the court may reduce or waive it for an indigent petitioner.

4. Can I file an expungement without a lawyer in Bloomington?

Yes. Indiana permits self-represented petitioners. A lawyer is not mandatory, but legal help can be valuable for felony cases, multiple counties, previous petitions, prosecutor objections or Category 5 cases requiring written consent.

5. Where do I file a Bloomington criminal-record expungement?

Bloomington is in Monroe County. Expungement petitions are handled through the Monroe Circuit Court system at the Charlotte Zietlow Justice Center, 301 N. College Avenue, Bloomington.

6. Can a dismissed Bloomington criminal case be automatically expunged?

Certain dismissed charges and acquittals qualify for automatic expungement under current Indiana law. Check Indiana MyCase and the court record before filing a duplicate petition.

7. Do I have to include all my Indiana convictions?

Conviction expungement carries a one-lifetime petition limitation. Convictions in the same county generally must be consolidated, and petitions in different counties should be coordinated within the same 365-day period.

8. Does Indiana expungement erase the record forever?

Not necessarily. Indiana expungement often seals or restricts records rather than destroying them. Some higher-level felony records can remain publicly available but be marked as expunged.

9. Does the Monroe County Prosecutor have to approve my expungement?

The prosecutor receives notice of conviction petitions and may object. Category 5 serious-felony expungements additionally require written prosecutor consent.

10. What should I do if Indiana State Police still shows the record after expungement?

Keep a certified copy of the expungement order and contact the Indiana State Police Expungement Section. If the issue is an inaccurate criminal-history entry rather than delayed expungement processing, use the ISP Criminal Record Review Challenge procedure.

Official Bloomington and Indiana expungement resources

Legal-information notice: Criminal-Record.org is an independent informational resource and is not a law firm, Monroe County agency, Indiana court or government office. Indiana expungement eligibility is highly case-specific and statutes can change. This guide explains public procedures and current official resources but is not legal advice. For an individual eligibility determination—especially involving a felony, multiple counties, prosecutor consent, firearm rights, immigration consequences or a prior expungement filing—consider consulting a licensed Indiana attorney.

Leave a Comment