How to Get a Reinstatement Fee Waiver in Indiana

You can get your Indiana reinstatement fee waived by petitioning the criminal court in the county where you live, under Indiana Code 9-25-6-15.1, and showing the court you are indigent and carry SR-22 insurance. A separate BMV program forgives the fee for people recently released from incarceration. Before doing either, confirm you actually owe a fee — a 2021 change eliminated it entirely for some drivers.

What the Fee Is and Whether You Owe It

Indiana’s reinstatement fees for suspensions under the financial responsibility laws escalate with each occurrence:

  • First suspension: $250
  • Second suspension: $500
  • Third or subsequent suspension: $1,000

These amounts come from Indiana Code 9-25-6-15 and apply to suspensions under Article 25, which covers things like driving without insurance or failing to satisfy a judgment from an accident.1Indiana General Assembly. Indiana Code 9-25-6-15 – Driving Privileges Reinstatement Fee Suspensions tied to criminal convictions like operating while intoxicated fall under different code sections with their own requirements.

Check this before you file anything: if your suspension was for lack of insurance and you terminate it by maintaining SR-22 proof of financial responsibility for 180 consecutive days, you do not owe a reinstatement fee at all. That rule took effect at the end of 2021, and for qualifying drivers it makes a waiver petition unnecessary.2Indiana Public Defender Council. Back on the Road – HEA 1199 Presentation

Petitioning a Court for a Waiver

The waiver process is governed by Indiana Code 9-25-6-15.1. The most important thing to understand up front: this is a court proceeding, not a BMV application. You file the petition in a criminal court of record in the county where you live.3Indiana General Assembly. Indiana Code 9-25-6-15.1 – Petition for Waiver of Reinstatement Fee

The court can waive part or all of the fee if it finds three things:

  • You are indigent. You have to show you lack the financial resources to pay. Courts typically require an indigency affidavit disclosing income, bank balances, and monthly expenses.
  • You have proof of future financial responsibility. This means an active SR-22 certificate showing at least Indiana’s minimum required liability coverage.
  • A waiver is appropriate given your character and the circumstances of the suspension.

The statute also lets a court waive the fee on its own motion, without a petition, but do not count on that happening on its own.3Indiana General Assembly. Indiana Code 9-25-6-15.1 – Petition for Waiver of Reinstatement Fee

What to Bring

Gather documents that establish your financial situation before you file. Useful materials include:

  • Recent pay stubs, or proof of unemployment
  • Bank statements
  • Recent tax returns
  • Documentation of any public assistance you receive, such as TANF, SNAP, or Medicaid
  • Your SR-22 certificate, or proof that you have applied for one

The statute does not set an exact income cutoff for indigency, but the means-tested programs above use eligibility tied to the federal poverty guidelines. For reference, the 2026 poverty guideline for a single individual is $15,960 per year.4U.S. Department of Health and Human Services. 2026 Poverty Guidelines Enrollment in those programs strengthens the indigency showing. And without SR-22 coverage in place, the court cannot grant the waiver no matter how strong your financial case is.

Filing and the Hearing

File the petition and supporting documents with the clerk’s office in your county’s criminal court. The court will schedule a hearing, and after that hearing it will issue an order either granting or denying the waiver, in whole or in part.

If You’re Denied

A denial does not permanently bar you from trying again. If your financial circumstances change, or you can provide additional documentation, you can file a new petition. Indiana Legal Services and similar legal aid organizations offer free help preparing these petitions and can be especially useful after an unsuccessful first attempt.

The BMV Forbearance Program

Indiana runs a separate fee forgiveness track through the BMV itself, for people re-entering society after incarceration. Unlike the court process, this one uses a BMV application (State Form 57170) and does not require a court hearing.5Indiana Bureau of Motor Vehicles. Suspension Reinstatement and Insurance Forms

To qualify, all three of the following must be true:

  • You have been paroled or released from prison.
  • You are classified as a non-violent offender.
  • You are enrolled in job training or have maintained consistent employment for at least three years.

The program waives reinstatement fees tied to no-insurance suspensions. If you meet the criteria, this route is simpler than a court petition because it does not require proving indigency or appearing before a judge.

The SR-22 Requirement That Runs Through Everything

SR-22 keeps appearing because Indiana ties both the fee waiver and general reinstatement after a financial responsibility suspension to it. An SR-22 is not a separate insurance policy. It is a certificate your auto insurer files with the BMV confirming you carry at least the state’s minimum liability coverage.

For insurance-related suspensions, you have to maintain continuous SR-22 coverage for 180 consecutive days to terminate the suspension.6Indiana Bureau of Motor Vehicles. Proof of Financial Responsibility Any lapse resets the clock, so keeping premiums current is essential. When you petition a court for a fee waiver, active SR-22 coverage is a prerequisite the court checks before granting relief.3Indiana General Assembly. Indiana Code 9-25-6-15.1 – Petition for Waiver of Reinstatement Fee

Budget for the coverage itself. Premiums typically rise substantially after a suspension — industry data shows increases averaging roughly 100%, though the exact figure varies by insurer and can persist for three to five years. For many drivers the fee is the smaller cost compared to years of elevated premiums.

Which Path Fits Your Situation

Three quick checks decide where to start:

  • If your suspension was for lack of insurance and you can carry SR-22 for 180 straight days, no fee is owed and no waiver is needed.
  • If you were recently released from incarceration and meet the three BMV criteria, use State Form 57170 for forbearance.
  • Otherwise, if you cannot afford the fee, petition the criminal court in your county under IC 9-25-6-15.1 with proof of indigency and SR-22 coverage.

Indiana Legal Services can help you identify which path applies and prepare the paperwork at no cost. Starting down the wrong path costs you time you could spend getting your license back.