§ 35-38-9-1 — Expunging arrest records

(a) This section applies only to a person who
has been arrested, charged with an offense, or alleged to be a
delinquent child, if:
(1) the arrest, criminal charge, or juvenile delinquency allegation:
(A) did not result in a conviction or juvenile adjudication, even
if the arrest, criminal charge, or juvenile delinquency allegation
resulted in an adjudication for an infraction; or
(B) resulted in a conviction or juvenile adjudication and the
conviction or adjudication was expunged under sections 2
through 5 of this chapter, or was later vacated; and
(2) the person is not currently participating in a pretrial diversion
program, unless the prosecuting attorney authorizes the person to
petition for an expungement under this section.
(b) This subsection applies to a person charged with an offense or
alleged to be a delinquent child after June 30, 2022. If:
(1) a court dismisses all:
(A) criminal charges; or
(B) juvenile delinquency allegations;
filed and pending against a person;
(2) one (1) year has passed since juvenile delinquency allegations
were filed against a child, and:
(A) there is no disposition or order of waiver; and
(B) the state is not actively prosecuting the allegations; or
(3) in a:
(A) criminal trial a defendant is acquitted of all charges, or the
defendant's conviction is later vacated; or
(B) juvenile proceeding the court finds all allegations not true,
or the juvenile's true finding is later vacated;
the court shall immediately order all records related to the criminal
charges or juvenile delinquency allegations expunged. An
expungement order that is issued based on nonprosecution under
subdivision (2) goes into effect immediately. An expungement order
issued under subdivision (1) or (3) may not go into effect earlier than
sixty (60) days from the date of the dismissal, acquittal, or no true
finding. However, upon motion by the prosecuting attorney, if the court
finds that specific facts exist in the particular case which justify a
delay, the court may delay implementation of an expungement order
under subdivision (1) or (3) for up to one (1) year from the date of the
dismissal, acquittal, or no true finding.
(c) This subsection applies to a person arrested after June 30, 2022.
If:
(1) a person is arrested;
(2) one (1) year has elapsed since the date of the arrest; and
(3) no charges are pending against the person;
the person may petition a judge exercising criminal jurisdiction in the
county (or a designated judge, if applicable) for expungement, setting
forth these facts. Upon receipt of the petition, the judge shall
immediately order the expungement of all records related to the arrest.
Expungement under this subsection does not shorten the statute of
limitations. A prosecuting attorney may still file a charge under this
subsection.
(d) Not earlier than one (1) year after the date of arrest, criminal
charge, or juvenile delinquency allegation (whichever is later), if the
person was not convicted or adjudicated a delinquent child, or the
opinion vacating the conviction or adjudication becomes final, the
person may petition the court for expungement of the records related
to the arrest, criminal charge, or juvenile delinquency allegation.
However, a person may petition the court for expungement at an earlier
time if the prosecuting attorney agrees in writing to an earlier time.
(e) A petition for expungement of records must be verified and filed
in a circuit or superior court in the county where the criminal charges
or juvenile delinquency allegation was filed, or if no criminal charges
or juvenile delinquency allegation was filed, in the county where the
arrest occurred. The petition must set forth:
(1) the date of the arrest, criminal charges, or juvenile
delinquency allegation, and conviction (if applicable);
(2) the county in which the arrest occurred, the county in which
the information or indictment was filed, and the county in which
the juvenile delinquency allegation was filed, if applicable;
(3) the law enforcement agency employing the arresting officer,
if known;
(4) the court in which the criminal charges or juvenile
delinquency allegation was filed, if applicable;
(5) any other known identifying information, such as:
(A) the name of the arresting officer;
(B) case number or court cause number;
(C) any aliases or other names used by the petitioner;
(D) the petitioner's driver's license number; and
(E) a list of each criminal charge and its disposition, if
applicable;
(6) the date of the petitioner's birth; and
(7) the petitioner's Social Security number.
A person who files a petition under this section is not required to pay
a filing fee.
(f) The court shall serve a copy of the petition on the prosecuting
attorney.
(g) Upon receipt of a petition for expungement, the court:
(1) may summarily deny the petition if the petition does not meet
the requirements of this section, or if the statements contained in
the petition indicate that the petitioner is not entitled to relief; and
(2) shall grant the petition unless:
(A) the conditions described in subsection (a) have not been
met; or
(B) criminal charges are pending against the person.
(h) Whenever the petition of a person under this section is granted,
or if an expungement order is issued without a petition under
subsection (b):
(1) no information concerning the arrest, criminal charges,
juvenile delinquency allegation, vacated conviction, or vacated
juvenile delinquency adjudication (including information from a
collateral action that identifies the petitioner), may be placed or
retained in any state central repository for criminal history
information or in any other alphabetically arranged criminal
history information system maintained by a local, regional, or
statewide law enforcement agency;
(2) the clerk of the supreme court shall seal or redact any records
in the clerk's possession that relate to the arrest, criminal charges,
juvenile delinquency allegation, vacated conviction, or vacated
juvenile delinquency adjudication;
(3) the records of:
(A) the sentencing court;
(B) a court that conducted a collateral action;
(C) a juvenile court;
(D) a court of appeals; and
(E) the supreme court;
concerning the person shall be redacted or permanently sealed
from public access; and
(4) with respect to the records of a person who is named as an
appellant or an appellee in an opinion or memorandum decision
by the supreme court or the court of appeals, or who is identified
in a collateral action, the court shall:
(A) 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 petitioner's name (in
the same manner that opinions involving juveniles are
redacted); and
(B) 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 of expungement.
The supreme court and the court of appeals are not required to
redact, destroy, or otherwise dispose of any existing copy of an
opinion or memorandum decision that includes the petitioner's
name.
(i) If the court issues an order granting a petition for expungement
under this section, or issues an order for expungement without a
petition under subsection (b), the order must include the information
described in subsection (e).
(j) If a person whose records are expunged brings an action that
might be defended with the contents of the expunged records, the
defendant is presumed to have a complete defense to the action. In
order 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 criminal or juvenile justice system and whether those
records were expunged. If the plaintiff denies the existence of the
records, the defendant may prove their existence in any manner
compatible with the law of evidence.
(k) Records expunged or sealed under this section must be removed
or sealed in accordance with this section, but may not be deleted or
destroyed. Records expunged or sealed under this section remain
available to the court and criminal justice agencies as needed to carry
out their official duties.

Legislative History

As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.7; P.L.142-2015, SEC.1; P.L.219-2019, SEC.7; P.L.14-2022, SEC.1; P.L.185-2023, SEC.5; P.L.9-2024, SEC.535.