(a)This subsection does not apply to a
person whose prosecution for an infraction is deferred under section 1
of this chapter. If a person alleged to have violated a statute defining an
infraction:
(1)is not prosecuted or if the action against the person is
dismissed;
(2)is adjudged not to have committed the infraction; or
(3)is adjudged to have committed the infraction and the
adjudication is subsequently vacated;
the court in which the action was filed shall order the clerk and the
operator of any state, regional, or local case management system not to
disclose or permit disclosure of information related to the infraction to
a noncriminal justice organization or an individual.
(b)Not earlier than five (5) years after a person:
(1)whose prosecution for an infraction has been deferre
Free access — add to your briefcase to read the full text and ask questions with AI
(a) This subsection does not apply to a
person whose prosecution for an infraction is deferred under section 1
of this chapter. If a person alleged to have violated a statute defining an
infraction:
(1) is not prosecuted or if the action against the person is
dismissed;
(2) is adjudged not to have committed the infraction; or
(3) is adjudged to have committed the infraction and the
adjudication is subsequently vacated;
the court in which the action was filed shall order the clerk and the
operator of any state, regional, or local case management system not to
disclose or permit disclosure of information related to the infraction to
a noncriminal justice organization or an individual.
(b) Not earlier than five (5) years after a person:
(1) whose prosecution for an infraction has been deferred; or
(2) who was found to have violated a statute defining an
infraction;
has satisfied the conditions of the deferral program or the judgment
imposed for the violation, the person may petition the court to prohibit
disclosure of information related to the infraction to a noncriminal
justice organization or an individual. The court shall order the clerk
and the operator of any state, regional, or local case management
system not to disclose or permit disclosure of information related to the
infraction to a noncriminal justice organization or an individual if the
court finds that the person satisfied the judgment or conditions of the
deferral program and at least five (5) years have passed since the date
the person satisfied the judgment or conditions of the program.
(c) If a court fails to order the clerk and the operator of any state,
regional, or local case management system to restrict disclosure of
information related to the infraction under subsection (a), the person
may petition the court to restrict disclosure of the records related to the
infraction to a noncriminal justice organization or an individual.
(d) A petition under subsection (b) or (c) must be verified and filed
in:
(1) the court in which the action was filed, for a person described
in subsection (a)(1);
(2) the court in which the trial was held, for a person described in
subsection (a)(2) or (a)(3); or
(3) the court finding or having jurisdiction over the violation, for
a person described in subsection (b).
(e) A petition under subsection (b) or (c) must be filed not earlier
than:
(1) if the person is adjudged not to have committed the infraction,
thirty (30) days after the date of judgment;
(2) if the person's adjudication is vacated, three hundred sixty-five
(365) days after:
(A) the order vacating the adjudication is final, if there is no
appeal or the appeal is terminated before entry of an opinion or
memorandum decision; or
(B) the opinion or memorandum decision vacating the
adjudication is certified;
(3) if the person is not prosecuted, two (2) years after the alleged
conduct or violation occurred;
(4) if the action is dismissed, thirty (30) days after the action is
dismissed, if a new action is not filed; or
(5) if the person participated in a deferral program or is found to
have violated the statute defining the infraction, not earlier than
five (5) years after the date the judgment for the violation is
satisfied or the conditions of the deferral program are met.
(f) A petition under subsection (b) or (c) must set forth:
(1) the date of the alleged violation;
(2) the violation or alleged violation;
(3) the date the action was dismissed, if applicable;
(4) the date of judgment, if applicable;
(5) the date the adjudication was vacated, if applicable;
(6) the basis on which the adjudication was vacated, if applicable;
(7) the date the judgment is satisfied or the conditions of the
deferral program were met, if applicable;
(8) the law enforcement agency employing the officer who issued
the complaint, if applicable;
(9) any other known identifying information, such as the name of
the officer, case number, or court cause number;
(10) the date of the petitioner's birth; and
(11) at the option of the petitioner, the:
(A) petitioner's driver's license number, state identification card
number, or photo exempt identification card number; or
(B) last four (4) digits of the petitioner's Social Security
number.
(g) A copy of a petition filed under subsection (b) or (c) shall be
served on the prosecuting attorney.
(h) If the prosecuting attorney wishes to oppose a petition filed
under subsection (b) or (c), the prosecuting attorney shall, not later than
thirty (30) days after the petition is filed, file a notice of opposition
with the court setting forth reasons for opposing the petition. The
prosecuting attorney shall attach to the notice of opposition a certified
copy of any documentary evidence showing that the petitioner is not
entitled to relief. A copy of the notice of opposition and copies of any
documentary evidence shall be served on the petitioner in accordance
with the Indiana Rules of Trial Procedure.
(i) The court may, with respect to a petition filed under subsection
(b) or (c):
(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 documentary evidence submitted to the court, the
petitioner is not entitled to have access to the petitioner's
records restricted.
(j) If a notice of opposition is filed under subsection (h) and the
court does not summarily grant or summarily deny the petition, the
court shall set the matter for a hearing.
(k) After a hearing is held under subsection (j), the court shall grant
the petition filed under:
(1) subsection (b) if the person is entitled to relief under that
subsection; or
(2) subsection (c) if the person is entitled to relief under
subsection (a).
(l) If the court grants a petition filed under subsection (b) or (c), the
court shall order the clerk and the operator of any state, regional, or
local case management system not to disclose or permit disclosure of
information related to the infraction to a noncriminal justice
organization or an individual.