Indiana: Juvenile Court Records and Law Enforcement Records (IN-AR-1)

A record relating to juvenile court proceedings can be expunged. Ind. Code Ann. § 31-39-8-3.

Record Detail(s)

All charges

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

At court's discretion

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses; however, the court will consider whether the person has been adjudicated a delinquent child for committing an act that would be a serious violent felony (as defined in IC 35-47-4-5) if committed by an adult.

Procedure General

The petition must be filed with the juvenile court in the county of the original action. The court can review several enumerated factors when considering whether to grant the expungement petition. For the specific procedure, see Ind. Code Ann. § 31-39-8-3.

Fees

There is no statutory language regarding fees.

Effect

Expunged records are considered destroyed. Nevertheless, they are maintained by the court on a secure database that does not enable the identification of the offender to the public or another person not having legal or statutory authority to access the records. These records can be used only for statistical analysis, research, and financial auditing purposes. Ind. Code Ann.§ 31-39-8-6.

Waiting Periods

The petition can be filed at any time.

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