Indiana § 31-39-8-7 Use of expunged records in civil action

Indiana Statutes

§ 31-39-8-7 — Use of expunged records in civil action

Indiana § 31-39-8-7

Art. 39JUVENILE LAW: JUVENILE RECORDS

Ch. 8Expungement of Records Concerning Delinquent Child

This text of Indiana § 31-39-8-7 (Use of expunged records in civil action) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 31-39-8-7 (2026).

Text

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.
[Pre-1997 Recodification Citation: 31-6-8-2(f).]

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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.
[Pre-1997 Recodification Citation: 31-6-8-2(f).]