(a)Except as provided in subsection (c), if a
landlord files an eviction action and:
(1)the eviction action is dismissed by the court:
(A)upon petition of the landlord under IC 32-31-10-3 or
otherwise; or
(B)upon:
(i)petition by the tenant; or
(ii)the court's own motion;
under IC 32-31-10-4 as a result of the landlord's failure to
prosecute the case;
(2)a judgment in favor of the tenant is entered by the court; or
(3)a judgment is entered by the court against the tenant, and the
judgment is subsequently overturned or vacated on appeal;
the court in which the eviction action was filed shall, on its own
motion, order the clerk of the court and the operator of any state,
regional, or local case management system not to disclose or permit
disclosure of any records in the case, includin
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(a) Except as provided in subsection (c), if a
landlord files an eviction action and:
(1) the eviction action is dismissed by the court:
(A) upon petition of the landlord under IC 32-31-10-3 or
otherwise; or
(B) upon:
(i) petition by the tenant; or
(ii) the court's own motion;
under IC 32-31-10-4 as a result of the landlord's failure to
prosecute the case;
(2) a judgment in favor of the tenant is entered by the court; or
(3) a judgment is entered by the court against the tenant, and the
judgment is subsequently overturned or vacated on appeal;
the court in which the eviction action was filed shall, on its own
motion, order the clerk of the court and the operator of any state,
regional, or local case management system not to disclose or permit
disclosure of any records in the case, including the petition by the
landlord for possession of the rental unit. In an order issued under this
subsection, the court shall direct the clerk of the court to redact or
permanently seal the court's own records related to the eviction action.
(b) Except as provided in subsection (c), if a judgment is entered by
the court against the tenant, and:
(1) a money judgment related to the eviction action was entered
and the tenant has satisfied the money judgment; or
(2) the final judgment against the tenant does not include a money
judgment and at least seven (7) years have elapsed since the entry
of the judgment;
the court in which the eviction action was filed, upon motion by the
tenant, shall order the clerk of the court and the operator of any state,
regional, or local case management system not to disclose or permit
disclosure of any records in the case, including the petition by the
landlord for possession of the rental unit. In an order issued under this
subsection, the court shall direct the clerk of the court to redact or
permanently seal the court's own records related to the eviction action.
The court may issue an order under this subsection without a hearing.
(c) If the court issues an order under subsection (a) or (b), the court
and the operator of any state, regional, or local case management
system shall not disclose or permit disclosure of any records in the
eviction action, including the petition by the landlord for possession of
the rental unit:
(1) other than to any person under a court order;
(2) other than to a law enforcement agency for an authorized law
enforcement activity; or
(3) unless authorized under this chapter or otherwise required by
law.
(d) The court shall issue an order under subsection (a) at the time:
(1) the action is dismissed;
(2) the judgment in favor of the tenant is entered; or
(3) the opinion overturning or vacating the judgment against the
tenant becomes final;
as applicable, without holding an additional hearing.
(e) If an appellate court overturns or vacates a judgment entered
against a tenant in an eviction action, as described in subsection (a)(3),
and the court in which the action is filed then enters an order
prohibiting the disclosure of any records in the action under subsection
(a), the appellate court shall:
(1) redact the opinion or memorandum decision as it appears on
the computer gateway administered by the office of technology so
that it does not include the name of the tenant; and
(2) provide a redacted copy of the opinion to any publisher or
organization to whom the opinion or memorandum decision is
provided after the date of the order under subsection (a).
The Indiana supreme court and the court of appeals are not required to
redact, destroy, or otherwise dispose of any copy of an opinion or
memorandum decision that includes the name of the tenant and that
was created before the date of the order under subsection (a).
(f) This section does not affect an order that is issued by a court and
that:
(1) is made in compliance with an order of the Indiana supreme
court issued in connection with a residential eviction diversion
program that complies with IC 32-31-10-5(b); and
(2) makes court records related to a pending eviction action
confidential.
Records related to a pending eviction action that are made confidential
under an order described in this subsection retain or lose their
confidential status in accordance with the court's order.
(g) If an order is entered under subsection (a), any final judgment
for the recovery of money or costs does not constitute a lien upon real
estate and chattels real pursuant to IC 34-55-9-2.