Juvenile Criminal Records: Expungement Process in Indiana
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UPDATED: Jul 15, 2021
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To clear juvenile criminal records in Indiana, an Indiana expungement petition must be filed with the court and relevant law enforcement, much like the process for adult expungement requests. If no charges were filed, the expungement petition should be filed with the court of the county where the arrest occurred.
The petition should contain the date of the arrest, the charge, the law enforcement agency which employed the arresting officer, the name of the arresting officer, the case or court cause number, the date of the petitioner’s birth, and the petitioner’s Social Security number. The petition should also contain a verification, or a statement that everything in the petition is true.
How will the juvenile criminal records be expunged?
After the court has received the expungement petition, it will send a copy to the law enforcement agency involved in the petitioner’s arrest, as well as the state central repository for records. The law enforcement agency will then notify the court of any agencies to which it provided records relating to the arrest. The clerk of court will then send a copy of the petition to these agencies.
If an agency wishes to oppose the expungement of juvenile delinquency records, it must file a notice of opposition with the court within 30 days after the petition is filed. The agency must provide a reason for their opposition and sworn statements from individuals which represent the agency. Petitioners will be given a copy of the notice of opposition and the sworn statements.
Next, the court will grant the petition, set the matter for a hearing, or deny the petition. The court may deny the petition if all of the requirements explained above have not been met, the petitioner has a record of criminal arrests other than minor traffic offenses, or the petitioner has criminal charges pending.
How will the court make a decision to expunge a juvenile delinquency record?
The court will consider several factors in determining whether to grant the petition. These include the age of the petitioner at the time of the allegations, the nature of the allegations, any informal finding by the juvenile delinquency court, the disposition of the case, the manner in which the petitioner participated in court-ordered or supervised services, the time during which the person has not had contact with the juvenile delinquency court or law enforcement agency, whether the petitioner now has a criminal record, and the petitioner’s current status.