IC 31-39-8
    Chapter 8. Expungement of Records Concerning Delinquent Childor Child in Need of Services

IC 31-39-8-1
Application of chapter
    Sec. 1. This chapter applies only to records created as a result ofallegations that a child is a delinquent child or a child in need ofservices.
As added by P.L.1-1997, SEC.22.

IC 31-39-8-2
Standing
    Sec. 2. Any person may petition a juvenile court at any time toremove from:
        (1) the court's files;
        (2) the files of law enforcement agencies; and
        (3) the files of any other person who has provided services to achild under a court order;
those records pertaining to the person's involvement in juvenile courtproceedings.
As added by P.L.1-1997, SEC.22.

IC 31-39-8-3
Factors considered
    Sec. 3. In considering whether to grant the petition, the juvenilecourt may review:
        (1) the best interests of the child;
        (2) the age of the person during the person's contact with thejuvenile court or law enforcement agency;
        (3) the nature of any allegations;
        (4) whether there was an informal adjustment or anadjudication;
        (5) the disposition of the case;
        (6) the manner in which the person participated in any courtordered or supervised services;
        (7) the time during which the person has been without contactwith the juvenile court or with any law enforcement agency;
        (8) whether the person acquired a criminal record; and
        (9) the person's current status.
As added by P.L.1-1997, SEC.22.

IC 31-39-8-4
Expungement of child abuse or neglect information
    Sec. 4. (a) Child abuse or neglect information may be expungedunder this chapter if the probative value of the information is sodoubtful as to outweigh the information's validity.
    (b) Child abuse or neglect information shall be expunged if theinformation is determined to be unsubstantiated after:
        (1) an investigation of a report of a child who may be a victim

of child abuse or neglect by the department of child services; or
        (2) a court proceeding.
As added by P.L.1-1997, SEC.22. Amended by P.L.234-2005,SEC.190.

IC 31-39-8-5
Expungement of records held by law enforcement agencies andpersons providing treatment for child
    Sec. 5. If the court grants the expungement petition, the court shallorder each law enforcement agency and each person who providedtreatment for the child under an order of the court to send thatperson's records to the court.
As added by P.L.1-1997, SEC.22.

IC 31-39-8-6
Method of expungement
    Sec. 6. The records may be destroyed or given to the person towhom the records pertain.
As added by P.L.1-1997, SEC.22.

IC 31-39-8-7
Use of expunged records in civil action
    Sec. 7. If a person whose records are expunged brings an actionthat might be defended with the contents of the records, thedefendant is presumed to have a complete defense to the action. Forthe plaintiff to recover, the plaintiff must show that the contents ofthe expunged records would not exonerate the defendant. Theplaintiff may be required to state under oath whether the plaintiff hadrecords in the juvenile justice system and whether those records wereexpunged. If the plaintiff denies the existence of the records, thedefendant may prove the existence of the records in any mannercompatible with the law of evidence.
As added by P.L.1-1997, SEC.22.