Indiana Juvenile Expungement Law - Code § 31-39-8

Services Related To This Law

• Indiana Juvenile Expungement Service

Full Indiana Code Section 31-39-8

31-39-8-1 Application of chapter

Sec. 1. This chapter applies only to records created as a result of allegations that a child is a delinquent child or a child in need of services.

31-39-8-2 Petition to juvenile court for removal of records

(a) Any person may petition a juvenile court at any time to remove from:

(1) the court’s files;

(2) the files of law enforcement agencies; and

(3) the files of any other person who has provided services to a child under a court order; those records pertaining to the person’s involvement in juvenile court proceedings.

(b) Under this section, electronic records shall be removed to a secure data base to which the public or another person not having legal or statutory authority to access the records is not granted access to the data base.

Effective July 1, 2017

31-39-8-3 Initiation of petition for expungement of records of child alleged to be delinquent child or child in need of services - Factors considered

(e) In considering whether to grant the petition, the juvenile court may review:

(1) the best interests of the child;

(2) the age of the person during the person's contact with the juvenile court or law enforcement agency;

(3) the nature of any allegations;

(4) whether there was an informal adjustment or an adjudication;

(5) the disposition of the case;

(6) the manner in which the person participated in any court ordered or supervised services;

(7) the time during which the person has been without contact with the juvenile court or with any law enforcement agency;

(8) whether the person acquired a criminal record; and

(9) the person's current status.

Effective July 1, 2017.

31-39-8-4 Probative value of information - Unsubstantiated information

(a) Child abuse or neglect information may be expunged under this chapter if the probative value of the information is so doubtful as to outweigh the information's validity.

(b) Child abuse or neglect information shall be expunged if the information is determined to be unsubstantiated after:

(1) an investigation of a report of a child who may be a victim of child abuse or neglect by the department of child services; or

(2) a court proceeding.

Credit

P.L.1-1997, § 22; P.L.234-2005, § 190.

31-39-8-5 Expungement of records held by law enforcement agencies and persons providing treatment for child

If the court grants the expungement petition, the court shall order each law enforcement agency and each person who provided treatment for the child under an order of the court to send that person's records to the court.

31-39-8-6 Disposal of records

(a) Subject to subsections (b) and (c), the records shall be destroyed upon a grant of an expungement petition by the court.

(b) Data from the records in subsection (a) shall be maintained by the court on a secure data base that does not enable identification of the offender to the public or another person not having legal or statutory authority to access the records.

(c) The records maintained in the data base under subsection (b) may be used only for statistical analysis, research, and financial auditing purposes.

Effective July 1, 2017

31-39-8-7 Actions which may have involved information contained in expunged records

Sec. 7. 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.

Effective July 1, 2009.