Eviction Expungement in Indiana

For many Indiana residents, a past eviction can feel like a permanent stain on their housing record—one that continues to interfere with their ability to rent safe, stable housing long after the crisis has passed. Even a single eviction judgment can make landlords hesitant, reduce rental options, and worsen cycles of housing insecurity. Fortunately, the process of eviction expungement in Indiana offers Hoosiers a second chance.  

Indiana’s expungement laws now allow individuals to petition the court to expunge certain eviction records. This statute recognizes the reality that people can recover from financial hardship, resolve landlord disputes, and move forward with dignity. 

While filing an expungement petition in court may seem simple, it’s actually a complex and complicated legal process. This means it often requires the assistance of a skilled Indiana expungement attorney. To speak with one today call 317-648-9560 or complete our online contact form to schedule a consultation. 

What is Eviction Expungement in Indiana — and What It’s Not 

What is eviction expungement in Indiana? It is a complex legal process that allows tenants to petition the court to remove an eviction case from public record. When granted, this would prevent landlords and the general public from viewing the eviction judgment through court databases like MyCase or during background checks. For tenants seeking to rebuild their rental history, it can be a critical step toward long-term housing security. 

However, it’s equally important to understand what eviction expungement does not do. Eviction expungement is not a financial remedy, nor is it a complete erasure of all eviction-related consequences. Key limitations include: 

• It does not erase unpaid rent or related debts. A judgment for unpaid rent may still appear on credit reports unless separately resolved or disputed. 
• It does not affect collections or landlord databases outside the court system. Private databases may retain records unless separately contested. 
• It does not remove active or ongoing eviction proceedings. The statute only applies to final judgments that occurred at least one year ago. 
• It does not guarantee approval for future housing. Even with an expunged record, landlords retain discretion in tenant screening. 

That said, Indiana expungement provides real, meaningful relief for eligible tenants. By sealing the court record, tenants can present a cleaner housing profile, reduce stigma, and demonstrate to landlords that they have taken steps to move forward responsibly. 

Who Qualifies for Eviction Expungement in Indiana? 

Determining whether you qualify for eviction expungement in Indiana depends on how your case was resolved and whether certain legal or time-based requirements have been satisfied. Under Indiana Code 32-31-11-3 tenants may qualify for record sealing either automatically or by filing a motion. 

Situations that Qualify for Automatic Record Sealing  

• Dismissed Eviction Case: Per IC 32-31-11-3(a), if your eviction case was dismissed —either because the landlord withdrew it (under Indiana Code 32-31-10-3) or the court dismissed it due to the landlord’s failure to pursue the claim (see Indiana Code 32-31-10-4)—the court is required to seal the record without any action from you. 
• Judgment in Favor of the Tenant: If the court ruled in your favor and denied the landlord’s claim, IC 32-31-11-3(a) requires the court to seal the record. This applies whether you won at trial or the case was resolved in your favor during proceedings. 
• Judgment Against the Tenant Overturned on Appeal: If you lost the original eviction case but later succeeded on appeal, IC 32-31-11-3(a) mandates that the trial court must seal the record, and the appellate court must redact your name from published opinions moving forward. 

Situations that Qualify for Eviction Expungement via Petition 

• Tenant Lost but Satisfied the Money Judgment: If you lost the eviction case and a money judgment was entered against you, but you have since paid it in full, you are eligible to petition the court to seal the record under IC 32-31-11-3(b). The court must grant this request and may do so without a hearing. 
• Tenant Lost, No Money Judgment, Seven Years Elapsed: If the judgment against you did not involve a financial obligation and at least seven years have passed, you may petition for expungement under the IC 32-31-11-3(b). This is intended to give tenants with older eviction records a fresh start. 

When Tenants May Not Yet Qualify 

Some tenants may not currently meet the criteria for relief. This includes tenets who have not satisfied an existing money judgment; or tenants who are still within the seven-year period following a non-monetary judgment. In addition, individuals with ongoing or recently concluded eviction proceedings may not yet qualify of eviction expungement in Indiana.  

If you fall into one of these categories, you may still benefit from legal guidance. The experienced Indiana expungement attorneys at Keffer Hirschauer LLP can review your case, advise you on timing, and help prepare you to file as soon as you become eligible. 

The Expungement Process—Step-by-Step 

Once you determine that you may be eligible for eviction expungement in Indiana, the next step is understanding the legal process required to secure a nondisclosure order—particularly if your case does not qualify for automatic sealing. The best way to understand and navigate the legal process of expungement is by hiring an Indiana expungement attorney. They can help you ascertain the correct path of your eviction expungement in Indiana and guide you through the process step-by-step.  

Automatic Expungement (No Action Required by Tenant) 

If your eviction case was dismissed by the court; resolved in your favor (tenant wins), or overturned or vacated on appeal, then the court is required to issue an order sealing the eviction record on its own motion. In these situations, the court will order the clerk and relevant case management systems to seal or redact all records, including the original eviction filing. This process should occur at the time of dismissal or final judgment, though tenants may still want to monitor the public court docket to confirm that the sealing was properly implemented. In situations where the sealing was not implemented, tenants are encouraged to contact an expungement lawyer.  

Motion-Based Expungement (Action Required by Tenant) 

If the eviction judgment was entered against you, and you have satisfied the money judgment, or seven years have passed since the judgment, and no money judgment was issued, then you must file a motion requesting a court order to seal the record under Indiana’s eviction expungement law. 

The first step in this process is working with an expungement attorney to prepare the motion. The motion should include case number and parties’ names; basis for expungement (e.g., satisfied judgment or passage of time); and any supporting documentation (e.g., proof of payment). Once prepared, your attorney will proceed to file the motion with the county clerk’s office of the same court where the eviction case was originally heard. Filing fees may apply, though waivers are often available for low-income petitioners. 

It’s important to note that some courts require that the landlord be notified, although the statute does not explicitly mandate service or a hearing. In these situations, it’s hugely beneficial to have an experienced expungement attorney in Indiana  help clarify local practices and navigate the expungement process. 

Once the motion has been filed, and the landlord notified (if applicable), you’ll simply need to wait for the court ruling. In many cases, the court will grant the motion without a hearing. However, if a hearing is scheduled, you’ll have the opportunity to explain why sealing the record is appropriate under the statute. 

Ultimately, if the court grants your request, it will direct the clerk and all relevant case management systems to seal or redact the record. This includes the original eviction petition and all associated entries. 

Monitoring the Outcome 

After the order is issued, you should verify that the case no longer appears in online databases such as MyCase and request a copy of the sealing order for your own records. In addition, you should monitor third-party background reporting services, as these entities may continue reporting the eviction unless notified. At Keffer Hirschauer LLP, our Indiana expungement lawyers can assist you at every stage of the motion process—from determining eligibility to drafting persuasive petitions and ensuring third-party compliance with sealing orders. 

Why You Need Legal Help 

While Indiana law provides meaningful relief through eviction expungement, navigating the legal system alone can be complex—especially when court procedures vary by county and statutory language leaves room for judicial discretion. 

Whether your case qualifies for automatic sealing or requires a formal motion having a knowledgeable attorney can significantly improve your chances of a successful outcome. Here’s how the eviction expungement lawyers at Keffer Hirschauer LLP can help: 

1. Assessing Your Eligibility: An experienced attorney can examine your case history, eviction court records, and payment status to determine whether you qualify under the statute’s specific provisions. If you’re not yet eligible, we can provide strategic guidance on steps you can take to become eligible in the future. 
2. Preparing a Persuasive Motion: If your case requires you to petition the court, success depends on filing a legally sound, factually supported motion. Our attorneys know how to reference the proper legal standards; demonstrate compliance with statutory conditions; and draft motions that align with court preferences and formatting rules. In addition, they can better anticipate and address any potential objections from landlords. 
3. Representing You in Court (if Needed): Although Indiana law allows courts to grant expungement motions without a hearing, some judges may request further information or schedule oral arguments. We’re prepared to represent you in those proceedings, ensuring your story is heard and your rights are protected. 
4. Following Through After the Order: Even after an order is granted, you must verify that the record has been properly sealed across all platforms. Keffer Hirschauer LLP assists with confirming redaction in public court databases; advising on communication with private tenant-screening companies; and helping you collect proof of expungement for future rental applications. 

Ready to Pursue Eviction Expungement in Indiana? 

A past eviction can cast a long shadow—making it harder to rent a home, secure stability for your family, or recover from temporary financial hardship. But under the expungement laws in Indiana, eligible tenants now have a pathway to clear that record and move forward. 

Whether your eviction case was dismissed, resolved in your favor, or the result of a judgment you’ve satisfied or waited out, you may be entitled to have the court seal the record. However, knowing how and when to act is critical. Filing the right motion, in the correct court, supported by the appropriate documentation can mean the difference between continued barriers and a fresh start. 

At Keffer Hirschauer LLP, our attorneys understand the impact an eviction record can have—and we’re here to help you pursue expungement with clarity and confidence. With years of experience in Indiana courts and a client-centered approach to housing and civil defense, we’re prepared to guide you through every step of the process. 

Don’t let a closed chapter define your future. Contact an Indiana expungement eviction lawyer today at 317-648-9560 or complete our online contact form to schedule a consultation.