Indiana: Adult Non-Conviction Arrests (IN-NC-1)

Records relating to an arrest that did not result in a conviction can be expunged by the court one year after the date of arrest, so long as the petitioner is not participating in a pretrial diversion program. Arrests that occurred after June 30, 2022 and did not result in criminal charges are automatically expunged under Ind. Code Ann. § 35-38-9-1(c). Ind. Code Ann. § 35-38-9-1(a),(d).

Record Detail(s)

Charges resolved in favor of defendant

Charges not filed

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the circuit or superior court in the county where the criminal charges were filed or, if no criminal charges were filed, in the county where the arrest occurred and include the information specified in section 35-38-9-1(e). For the specific procedure, see Ind. Code Ann. § 35-38-9-1. More information is available here.

Fees

A person who files a petition under this section is not required to pay a filing fee. Ind. Code Ann. § 35-38-9-1(e).

Effect

No information about the arrest or criminal charge may be retained in the state central repository for criminal history information. Ind. Code Ann. § 35-38-9-1(h).

Forms

For information and forms regarding expungement in Indiana, visit here.

Waiting Periods

The petition can be filed one year after the date of arrest.

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