IC 31-39-8
Chapter 8. Expungement of Records Concerning Delinquent Child
or 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 of
allegations that a child is a delinquent child or a child in need of
services. 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 to
remove 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 a
child under a court order;
those records pertaining to the person's involvement in juvenile court
proceedings. 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 juvenile
court may review:
(1) the best interests of the child;
(2) the age of the person during the person's contact with the
juvenile court or law enforcement agency;
(3) the nature of any allegations;
(4) whether there was an informal adjustment or an
adjudication;
(5) the disposition of the case;
(6) the manner in which the person participated in any court
ordered or supervised services;
(7) the time during which the person has been without contact
with 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 expunged
under this chapter if the probative value of the information is so
doubtful as to outweigh the information's validity.
(b) Child abuse or neglect information shall be expunged if the
information 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 and
persons providing treatment for child
Sec. 5. If the court grants the expungement petition, the court shall
order each law enforcement agency and each person who provided
treatment for the child under an order of the court to send that
person'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 to
whom 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 action
that might be defended with the contents of the records, the
defendant is presumed to have a complete defense to the action. For
the plaintiff to recover, the plaintiff must show that the contents of
the expunged records would not exonerate the defendant. The
plaintiff may be required to state under oath whether the plaintiff had
records in the juvenile justice system and whether those records were
expunged. If the plaintiff denies the existence of the records, the
defendant may prove the existence of the records in any manner
compatible with the law of evidence. As added by P.L.1-1997, SEC.22.
IC 31-39-8
Chapter 8. Expungement of Records Concerning Delinquent Child
or 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 of
allegations that a child is a delinquent child or a child in need of
services. 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 to
remove 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 a
child under a court order;
those records pertaining to the person's involvement in juvenile court
proceedings. 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 juvenile
court may review:
(1) the best interests of the child;
(2) the age of the person during the person's contact with the
juvenile court or law enforcement agency;
(3) the nature of any allegations;
(4) whether there was an informal adjustment or an
adjudication;
(5) the disposition of the case;
(6) the manner in which the person participated in any court
ordered or supervised services;
(7) the time during which the person has been without contact
with 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 expunged
under this chapter if the probative value of the information is so
doubtful as to outweigh the information's validity.
(b) Child abuse or neglect information shall be expunged if the
information 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 and
persons providing treatment for child
Sec. 5. If the court grants the expungement petition, the court shall
order each law enforcement agency and each person who provided
treatment for the child under an order of the court to send that
person'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 to
whom 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 action
that might be defended with the contents of the records, the
defendant is presumed to have a complete defense to the action. For
the plaintiff to recover, the plaintiff must show that the contents of
the expunged records would not exonerate the defendant. The
plaintiff may be required to state under oath whether the plaintiff had
records in the juvenile justice system and whether those records were
expunged. If the plaintiff denies the existence of the records, the
defendant may prove the existence of the records in any manner
compatible with the law of evidence. As added by P.L.1-1997, SEC.22.
IC 31-39-8
Chapter 8. Expungement of Records Concerning Delinquent Child
or 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 of
allegations that a child is a delinquent child or a child in need of
services. 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 to
remove 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 a
child under a court order;
those records pertaining to the person's involvement in juvenile court
proceedings. 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 juvenile
court may review:
(1) the best interests of the child;
(2) the age of the person during the person's contact with the
juvenile court or law enforcement agency;
(3) the nature of any allegations;
(4) whether there was an informal adjustment or an
adjudication;
(5) the disposition of the case;
(6) the manner in which the person participated in any court
ordered or supervised services;
(7) the time during which the person has been without contact
with 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 expunged
under this chapter if the probative value of the information is so
doubtful as to outweigh the information's validity.
(b) Child abuse or neglect information shall be expunged if the
information 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 and
persons providing treatment for child
Sec. 5. If the court grants the expungement petition, the court shall
order each law enforcement agency and each person who provided
treatment for the child under an order of the court to send that
person'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 to
whom 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 action
that might be defended with the contents of the records, the
defendant is presumed to have a complete defense to the action. For
the plaintiff to recover, the plaintiff must show that the contents of
the expunged records would not exonerate the defendant. The
plaintiff may be required to state under oath whether the plaintiff had
records in the juvenile justice system and whether those records were
expunged. If the plaintiff denies the existence of the records, the
defendant may prove the existence of the records in any manner
compatible with the law of evidence. As added by P.L.1-1997, SEC.22.
