Indiana Code - Criminal Law and Procedure - Title 35, Section 35-38-5-1

Petition; grounds; verification; filing; contents; service; notice of
opposition; hearing

Sec. 1. (a) Whenever:
(1) an individual is arrested but no criminal charges are filed
against the individual; or
(2) all criminal charges filed against an individual are dropped
because:
(A) of a mistaken identity;
(B) no offense was in fact committed; or
(C) there was an absence of probable cause;
the individual may petition the court for expungement of the records
related to the arrest.
(b) A petition for expungement of records must be verified and
filed in the court in which the charges were filed, or if no criminal
charges were filed, in a court with criminal jurisdiction in the county
where the arrest occurred. The petition must set forth:
(1) the date of the arrest;
(2) the charge;
(3) the law enforcement agency employing the arresting officer;
(4) any other known identifying information, such as the name
of the arresting officer, case number, or court cause number;
(5) the date of the petitioner's birth; and
(6) the petitioner's Social Security number.
(c) A copy of the petition shall be served on the law enforcement
agency and the state central repository for records.
(d) Upon receipt of a petition for expungement, the law
enforcement agency shall notify the court of the name and address of
each agency to which any records related to the arrest were
forwarded. The clerk shall immediately send a copy of the petition
to each of those agencies. Any agency desiring to oppose the
expungement shall file a notice of opposition with the court setting
forth reasons for resisting the expungement along with any sworn
statements from individuals who represent the agency that explain
the reasons for resisting the expungement within thirty (30) days
after the petition is filed. A copy of the notice of opposition and
copies of any sworn statements shall be served on the petitioner in
accordance with the Rules of Trial Procedure. The court shall:
(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 information contained in sworn statements
submitted by individuals who represent an agency, the
petitioner is not entitled to an expungement of records.
(e) If a notice of opposition is filed and the court does not
summarily grant or summarily deny the petition, the court shall set
the matter for a hearing.
(f) After a hearing is held under this section, the petition shall be
granted unless the court finds:
(1) the conditions in subsection (a) have not been met;
(2) the individual has a record of arrests other than minor traffic
offenses; or
(3) additional criminal charges are pending against the
individual.

As added by P.L.311-1983, SEC.3. Amended by P.L.295-1989,
SEC.1; P.L.159-1994, SEC.1.

Last modified: May 24, 2006