Indiana: Adult Non-Conviction Arrests (IN-NC-2)

Records relating to an arrest that occurred after June 30, 2022 and did not result in criminal charges will be expunged 180 days after the arrest. Ind. Code Ann. § 35-38-9-1(c).

Record Detail(s)

Charges not filed

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No statutory language

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

180 days after an arrest that does not result in criminal charges, the prosecuting attorney shall notify a judge exercising criminal jurisdiction in the county. Upon receipt of the notification, the judge shall immediately order the expungement of all records related to the arrest. Ind. Code Ann. § 35-38-9-1(c).

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 can be retained in the state central repository for criminal history information. Ind. Code Ann. § 35-38-9-1(h).

Waiting Periods

There is a 1-year waiting period.

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