IC 35-38-5
Chapter 5. Expungement of Arrest Records
IC 35-38-5-1 Petition; grounds; verification; filing; contents; service; notice of
opposition; hearing
Sec. 1. (a) Whenever:
(1) an individual is arrested but no criminal charges are filed
against the individual; or
(2) all criminal charges filed against an individual are dropped
because:
(A) of a mistaken identity;
(B) no offense was in fact committed; or
(C) there was an absence of probable cause;
the individual may petition the court for expungement of the records
related to the arrest.
(b) A petition for expungement of records must be verified and
filed in the court in which the charges were filed, or if no criminal
charges were filed, in a court with criminal jurisdiction in the county
where the arrest occurred. The petition must set forth:
(1) the date of the arrest;
(2) the charge;
(3) the law enforcement agency employing the arresting officer;
(4) any other known identifying information, such as the name
of the arresting officer, case number, or court cause number;
(5) the date of the petitioner's birth; and
(6) the petitioner's Social Security number.
(c) A copy of the petition shall be served on the law enforcement
agency and the state central repository for records.
(d) Upon receipt of a petition for expungement, the law
enforcement agency shall notify the court of the name and address of
each agency to which any records related to the arrest were
forwarded. The clerk shall immediately send a copy of the petition
to each of those agencies. Any agency desiring to oppose the
expungement shall file a notice of opposition with the court setting
forth reasons for resisting the expungement along with any sworn
statements from individuals who represent the agency that explain
the reasons for resisting the expungement within thirty (30) days
after the petition is filed. A copy of the notice of opposition and
copies of any sworn statements shall be served on the petitioner in
accordance with the Rules of Trial Procedure. The court shall:
(1) summarily grant the petition;
(2) set the matter for hearing; or
(3) summarily deny the petition, if the court determines that:
(A) the petition is insufficient; or
(B) based on information contained in sworn statements
submitted by individuals who represent an agency, the
petitioner is not entitled to an expungement of records.
(e) If a notice of opposition is filed and the court does not
summarily grant or summarily deny the petition, the court shall set
the matter for a hearing.
(f) After a hearing is held under this section, the petition shall be
granted unless the court finds:
(1) the conditions in subsection (a) have not been met;
(2) the individual has a record of arrests other than minor traffic
offenses; or
(3) additional criminal charges are pending against the
individual. As added by P.L.311-1983, SEC.3. Amended by P.L.295-1989,
SEC.1; P.L.159-1994, SEC.1.
IC 35-38-5-2 Delivery of records to individual or destruction
Sec. 2. If the petition for expungement is granted, the law
enforcement agency shall within thirty (30) days of receipt of the
court order, deliver to the individual or destroy all fingerprints,
photographs, or arrest records in their possession. As added by P.L.311-1983, SEC.3.
IC 35-38-5-3 Effect of grant of petition
Sec. 3. Whenever the petition of an individual under section 1 of
this chapter is granted, no information concerning the arrest may be
placed or retained in any state central repository for criminal history
information or in any other alphabetically arranged criminal history
information system maintained by a local, regional, or statewide law
enforcement agency. However, this chapter does not require any
change or alteration in any record (such as a police blotter entry)
made at the time of the arrest or in the record of any court in which
the criminal charges were filed. As added by P.L.311-1983, SEC.3.
IC 35-38-5-4 Action by person whose records are expunged that might be
defended with contents of such records
Sec. 4. If a person whose records are expunged brings an action
that might be defended with the contents of such records, the
defendant is presumed to have a complete defense to such an action.
In order for the plaintiff to recover, he must show that the contents
of the expunged records would not exonerate the defendant. The
plaintiff may be required to state under oath whether he had records
in the criminal justice system and whether those records were
expunged. If the plaintiff denies the existence of the records, the
defendant may prove their existence in any manner compatible with
the law of evidence. As added by P.L.311-1983, SEC.3.
IC 35-38-5-5 Petition to limit access to limited criminal history of person
discharged from probation, imprisonment, or parole
Sec. 5. (a) This section does not apply to a request to a law
enforcement agency for the release or inspection of a limited
criminal history to a noncriminal justice organization or individual
whenever the subject of the request is described in
IC 10-13-3-27(a)(8) or IC 10-13-3-27(a)(12).
(b) A person may petition the state police department to limit
access to the person's limited criminal history to criminal justice
agencies if more than fifteen (15) years have elapsed since the date
the person was discharged from probation, imprisonment, or parole
(whichever is later) for the last conviction for a crime.
(c) When a petition is filed under subsection (b), the state police
department shall not release limited criminal history to noncriminal
justice agencies under IC 10-13-3-27. As added by P.L.311-1983, SEC.3. Amended by P.L.56-1998,
SEC.18; P.L.10-1999, SEC.3; P.L.2-2003, SEC.92; P.L.2-2005,
SEC.124.
IC 35-38-5-6 Violation of chapter
Sec. 6. A law enforcement officer who violates this chapter
commits a Class B misdemeanor. As added by P.L.311-1983, SEC.3.
IC 35-38-5
Chapter 5. Expungement of Arrest Records
IC 35-38-5-1 Petition; grounds; verification; filing; contents; service; notice of
opposition; hearing
Sec. 1. (a) Whenever:
(1) an individual is arrested but no criminal charges are filed
against the individual; or
(2) all criminal charges filed against an individual are dropped
because:
(A) of a mistaken identity;
(B) no offense was in fact committed; or
(C) there was an absence of probable cause;
the individual may petition the court for expungement of the records
related to the arrest.
(b) A petition for expungement of records must be verified and
filed in the court in which the charges were filed, or if no criminal
charges were filed, in a court with criminal jurisdiction in the county
where the arrest occurred. The petition must set forth:
(1) the date of the arrest;
(2) the charge;
(3) the law enforcement agency employing the arresting officer;
(4) any other known identifying information, such as the name
of the arresting officer, case number, or court cause number;
(5) the date of the petitioner's birth; and
(6) the petitioner's Social Security number.
(c) A copy of the petition shall be served on the law enforcement
agency and the state central repository for records.
(d) Upon receipt of a petition for expungement, the law
enforcement agency shall notify the court of the name and address of
each agency to which any records related to the arrest were
forwarded. The clerk shall immediately send a copy of the petition
to each of those agencies. Any agency desiring to oppose the
expungement shall file a notice of opposition with the court setting
forth reasons for resisting the expungement along with any sworn
statements from individuals who represent the agency that explain
the reasons for resisting the expungement within thirty (30) days
after the petition is filed. A copy of the notice of opposition and
copies of any sworn statements shall be served on the petitioner in
accordance with the Rules of Trial Procedure. The court shall:
(1) summarily grant the petition;
(2) set the matter for hearing; or
(3) summarily deny the petition, if the court determines that:
(A) the petition is insufficient; or
(B) based on information contained in sworn statements
submitted by individuals who represent an agency, the
petitioner is not entitled to an expungement of records.
(e) If a notice of opposition is filed and the court does not
summarily grant or summarily deny the petition, the court shall set
the matter for a hearing.
(f) After a hearing is held under this section, the petition shall be
granted unless the court finds:
(1) the conditions in subsection (a) have not been met;
(2) the individual has a record of arrests other than minor traffic
offenses; or
(3) additional criminal charges are pending against the
individual. As added by P.L.311-1983, SEC.3. Amended by P.L.295-1989,
SEC.1; P.L.159-1994, SEC.1.
IC 35-38-5-2 Delivery of records to individual or destruction
Sec. 2. If the petition for expungement is granted, the law
enforcement agency shall within thirty (30) days of receipt of the
court order, deliver to the individual or destroy all fingerprints,
photographs, or arrest records in their possession. As added by P.L.311-1983, SEC.3.
IC 35-38-5-3 Effect of grant of petition
Sec. 3. Whenever the petition of an individual under section 1 of
this chapter is granted, no information concerning the arrest may be
placed or retained in any state central repository for criminal history
information or in any other alphabetically arranged criminal history
information system maintained by a local, regional, or statewide law
enforcement agency. However, this chapter does not require any
change or alteration in any record (such as a police blotter entry)
made at the time of the arrest or in the record of any court in which
the criminal charges were filed. As added by P.L.311-1983, SEC.3.
IC 35-38-5-4 Action by person whose records are expunged that might be
defended with contents of such records
Sec. 4. If a person whose records are expunged brings an action
that might be defended with the contents of such records, the
defendant is presumed to have a complete defense to such an action.
In order for the plaintiff to recover, he must show that the contents
of the expunged records would not exonerate the defendant. The
plaintiff may be required to state under oath whether he had records
in the criminal justice system and whether those records were
expunged. If the plaintiff denies the existence of the records, the
defendant may prove their existence in any manner compatible with
the law of evidence. As added by P.L.311-1983, SEC.3.
IC 35-38-5-5 Petition to limit access to limited criminal history of person
discharged from probation, imprisonment, or parole
Sec. 5. (a) This section does not apply to a request to a law
enforcement agency for the release or inspection of a limited
criminal history to a noncriminal justice organization or individual
whenever the subject of the request is described in
IC 10-13-3-27(a)(8) or IC 10-13-3-27(a)(12).
(b) A person may petition the state police department to limit
access to the person's limited criminal history to criminal justice
agencies if more than fifteen (15) years have elapsed since the date
the person was discharged from probation, imprisonment, or parole
(whichever is later) for the last conviction for a crime.
(c) When a petition is filed under subsection (b), the state police
department shall not release limited criminal history to noncriminal
justice agencies under IC 10-13-3-27. As added by P.L.311-1983, SEC.3. Amended by P.L.56-1998,
SEC.18; P.L.10-1999, SEC.3; P.L.2-2003, SEC.92; P.L.2-2005,
SEC.124.
IC 35-38-5-6 Violation of chapter
Sec. 6. A law enforcement officer who violates this chapter
commits a Class B misdemeanor. As added by P.L.311-1983, SEC.3.
IC 35-38-5
Chapter 5. Expungement of Arrest Records
IC 35-38-5-1 Petition; grounds; verification; filing; contents; service; notice of
opposition; hearing
Sec. 1. (a) Whenever:
(1) an individual is arrested but no criminal charges are filed
against the individual; or
(2) all criminal charges filed against an individual are dropped
because:
(A) of a mistaken identity;
(B) no offense was in fact committed; or
(C) there was an absence of probable cause;
the individual may petition the court for expungement of the records
related to the arrest.
(b) A petition for expungement of records must be verified and
filed in the court in which the charges were filed, or if no criminal
charges were filed, in a court with criminal jurisdiction in the county
where the arrest occurred. The petition must set forth:
(1) the date of the arrest;
(2) the charge;
(3) the law enforcement agency employing the arresting officer;
(4) any other known identifying information, such as the name
of the arresting officer, case number, or court cause number;
(5) the date of the petitioner's birth; and
(6) the petitioner's Social Security number.
(c) A copy of the petition shall be served on the law enforcement
agency and the state central repository for records.
(d) Upon receipt of a petition for expungement, the law
enforcement agency shall notify the court of the name and address of
each agency to which any records related to the arrest were
forwarded. The clerk shall immediately send a copy of the petition
to each of those agencies. Any agency desiring to oppose the
expungement shall file a notice of opposition with the court setting
forth reasons for resisting the expungement along with any sworn
statements from individuals who represent the agency that explain
the reasons for resisting the expungement within thirty (30) days
after the petition is filed. A copy of the notice of opposition and
copies of any sworn statements shall be served on the petitioner in
accordance with the Rules of Trial Procedure. The court shall:
(1) summarily grant the petition;
(2) set the matter for hearing; or
(3) summarily deny the petition, if the court determines that:
(A) the petition is insufficient; or
(B) based on information contained in sworn statements
submitted by individuals who represent an agency, the
petitioner is not entitled to an expungement of records.
(e) If a notice of opposition is filed and the court does not
summarily grant or summarily deny the petition, the court shall set
the matter for a hearing.
(f) After a hearing is held under this section, the petition shall be
granted unless the court finds:
(1) the conditions in subsection (a) have not been met;
(2) the individual has a record of arrests other than minor traffic
offenses; or
(3) additional criminal charges are pending against the
individual. As added by P.L.311-1983, SEC.3. Amended by P.L.295-1989,
SEC.1; P.L.159-1994, SEC.1.
IC 35-38-5-2 Delivery of records to individual or destruction
Sec. 2. If the petition for expungement is granted, the law
enforcement agency shall within thirty (30) days of receipt of the
court order, deliver to the individual or destroy all fingerprints,
photographs, or arrest records in their possession. As added by P.L.311-1983, SEC.3.
IC 35-38-5-3 Effect of grant of petition
Sec. 3. Whenever the petition of an individual under section 1 of
this chapter is granted, no information concerning the arrest may be
placed or retained in any state central repository for criminal history
information or in any other alphabetically arranged criminal history
information system maintained by a local, regional, or statewide law
enforcement agency. However, this chapter does not require any
change or alteration in any record (such as a police blotter entry)
made at the time of the arrest or in the record of any court in which
the criminal charges were filed. As added by P.L.311-1983, SEC.3.
IC 35-38-5-4 Action by person whose records are expunged that might be
defended with contents of such records
Sec. 4. If a person whose records are expunged brings an action
that might be defended with the contents of such records, the
defendant is presumed to have a complete defense to such an action.
In order for the plaintiff to recover, he must show that the contents
of the expunged records would not exonerate the defendant. The
plaintiff may be required to state under oath whether he had records
in the criminal justice system and whether those records were
expunged. If the plaintiff denies the existence of the records, the
defendant may prove their existence in any manner compatible with
the law of evidence. As added by P.L.311-1983, SEC.3.
IC 35-38-5-5 Petition to limit access to limited criminal history of person
discharged from probation, imprisonment, or parole
Sec. 5. (a) This section does not apply to a request to a law
enforcement agency for the release or inspection of a limited
criminal history to a noncriminal justice organization or individual
whenever the subject of the request is described in
IC 10-13-3-27(a)(8) or IC 10-13-3-27(a)(12).
(b) A person may petition the state police department to limit
access to the person's limited criminal history to criminal justice
agencies if more than fifteen (15) years have elapsed since the date
the person was discharged from probation, imprisonment, or parole
(whichever is later) for the last conviction for a crime.
(c) When a petition is filed under subsection (b), the state police
department shall not release limited criminal history to noncriminal
justice agencies under IC 10-13-3-27. As added by P.L.311-1983, SEC.3. Amended by P.L.56-1998,
SEC.18; P.L.10-1999, SEC.3; P.L.2-2003, SEC.92; P.L.2-2005,
SEC.124.
IC 35-38-5-6 Violation of chapter
Sec. 6. A law enforcement officer who violates this chapter
commits a Class B misdemeanor. As added by P.L.311-1983, SEC.3.
