Expungement in Indiana
The legal destruction of arrest and criminal records from all files and computer databases is known as expungement. Even though these files have been destroyed, they have not been completely erased. The public cannot access the expunged records for civil or general law enforcement purposes. When it comes to juvenile records, the destroyed records are given to the person to whom they belong. Photographs, fingerprints, and arrest records may be destroyed or returned to the individual by law enforcement. Law enforcement agency files, court files, and files of any other person who has provided service to the child under a court order are all examples of juvenile records that can be expunged. All records pertaining to the individual’s involvement in juvenile court proceedings are included here.
Fingerprints, arrest cases, photographs, and arrest records are all eligible for expungement in adult wrongful arrest cases. In contrast to other cases, information about wrongful arrests will not be placed or retained in an alphabetical criminal history system maintained by local, regional, or state law enforcement agencies, or in any state central repository for criminal history information. Indiana expungement does not necessitate any changes or alterations to any records kept at the time of the arrest or in the record of the court where the criminal charges were filed. This includes entries in the police blotter. DNA samples and profiles for all criminals can be removed upon request. According to Indiana Code 10-13-6-18, the samples will be destroyed by the Indiana DNA database.
Eligibility for Expungement in Indiana
Under Indiana law, only certain people are eligible for expungement. Individuals in this category include those who have had all criminal charges dropped due to a lack of probable cause, a mistaken identity, or the fact that no offense was actually committed. Anyone whose DNA profile is found in the Indiana DNA database and whose conviction for the DNA sample was reversed, resulting in the case being dismissed, may apply for expungement, as may anyone who has been pardoned by the governor. Anyone who has been charged with juvenile delinquency may also request that their records be expunged.
Petition for Expungement
To apply for expungement, a person must petition the court where he or she was charged with the crime on the record. If the petition is granted, the court will direct that all law enforcement agencies, and in juvenile cases, all those who provided treatment for the child pursuant to a court order, return all records to the court. This request is made in accordance with Indiana Code 31-39-8-5. Those who have been wrongfully arrested must prove it and file a complaint with the charging court. If no charges are filed, the petition will be filed with the criminal jurisdiction in the county where the arrest occurred.
All petitions must include the date of the arrest, the charges, the law enforcement agency that employs the arresting officer, any known identifying information (such as a case number or a court case number), his or her date of birth, and his or her social security number. Copies of the petition must be sent to the appropriate law enforcement agency as well as the state central repository.