Indiana Criminal Court Records

Criminal court records in Indiana are created during criminal trials, judicial proceedings, lawsuits, and cases. These records include the Registrar's Certificate, Statement of Facts, Transcripts, Notes of Evidence, and Judgements from criminal court cases. In Indiana, the state and county courts' criminal divisions create and manage most Indiana criminal court records. Records of criminal judicial cases are essential in Indiana because they provide a means for individuals to track judicial proceedings. These records are also vital because they facilitate record-keeping and give information to legal researchers, historians, students, and the general public.

Every document used in a criminal case is usually more important than civil records. This is due to the consequences of a criminal conviction, which directly impact an individual's freedom of movement.

Are Criminal Court Records Public in Indiana?

Yes. According to Rule 4 of Indiana's restrictions on access to court records, all criminal court records are initially designated as public records, irrespective of how they were created, gathered, stored, or maintained. However, as per Rule 5 of the Indiana court rules, certain criminal court cases are restricted and exempt from public disclosure. Indiana's public records act and other court rules also preemptively exclude specific categories of criminal court records in Indiana.

What Criminal Court Records Contain in Indiana

The information from publicly available criminal court records provides valuable information while protecting the identity of victims, as well as sensitive information and personal data. Criminal court records in Indiana usually contain the following information:

• Case number
• Case reference number
• Criminal case status
• The court in charge of the criminal case
• Parties in rhe case(subject, plaintiff)
• Charges
• Motion files
• Probable cause affidavit
• Type of criminal case
• Date the case was filed
• Chronological case summary
• Financial information(court costs and filing fees)

Indiana Criminal Court Records Search

Individuals interested in conducting an Indiana criminal court records search can do so at the state level through statewide portals or at the county level by using terminals located at county court offices throughout the state. They can also visit the county clerks' offices to request criminal court records. The statewide online portals offer access to criminal court records from different jurisdictions in Indiana.

Statewide Online Case Portals

The Indiana MyCase search portal is the primary statewide online portal, providing access to criminal cases and citations throughout the state. The portal allows users to access criminal court records from all the appellate and trial courts in the state. Individuals can use this portal to search for confidential records by case number and non-confidential criminal records by the names of parties involved in the case. This statewide portal also maintains records from any county-level court that uses the state-approved Odyssey case management system. Users can search and access case information from the portal at no cost.

County Courts Access Systems

The county trial courts (circuit and superior courts) serve as the primary custodians of criminal court records. These courts allow citizens to access county court records using their in-house databases. Local courts in Indiana use the Odyssey case management system to access state court records. These records can be accessed through public access terminals at the county courthouses.

Citizens can also make a written request for criminal case records. For example, in Marion County, Indiana, requesters can complete a records request by completing a Criminal Case Request Form and sending it by mail to:

Marion County Clerk's Office

Free Access to Criminal Court Records in Indiana

Persons can get free access to criminal court records in Indiana; however, the free versions of these records are limited in the information they provide. Criminal court records can be searched for free online using the Indiana My Case Portal or public access terminals at the county courthouse. Free searches using these channels will provide case summaries and docket, but leave out other key details about the case.

Sealing and Expungement of Criminal Court Records in Indiana

According to Indiana statute IC 35-38-9, expunged criminal court records are sealed but not completely erased or eliminated. In contrast to states where record sealing and expungement are two distinct processes, records are essentially sealed when a person files a petition for expungement in Indiana. Therefore, by submitting a petition for expungement, they effectively request that the court prevent their criminal record from being disclosed by sealing the record.

How to Seal Criminal Court Records in Indiana

Indiana has no noticeable difference between expunging records and sealing them. While most state laws distinguish between expungement (i.e., removing or erasing the record) and sealing (i.e., maintaining criminal records but prohibiting others from accessing them), it is essential to note that this distinction does not apply in Indiana law. Instead, a record is sealed after a petition for expungement is approved.

How to Expunge a Criminal Record in Indiana

As per IC 35-38-9, individuals can request to have their criminal records expunged by the courts through the following steps:

• Determining Eligibility: Persons can only file a successful expungement petition if they meet the criteria set by Indiana state law and have no pending charges against them. For instance, first-time misdemeanor offenders and those who have been found not guilty by the court may have their criminal records expunged, but felonies such as murder and rape cannot. Additionally, criminal history determines a person's eligibility for the "expungement" of criminal court records under I.C. 35-38-9.
• File the Petition: Applicants must complete an expungement petition form and submit it to a circuit or superior court in the county of conviction. I. C. 35-38-9-2(d).
• Notice to the Prosecutor: The petitioner must then serve a copy of the petition on the prosecuting attorney per the Indiana Rules of Trial Procedure. I.C. 35-38-9-8(e).
• Hearing: If the prosecuting attorney does not object, the court may grant the petition without holding a hearing. If they do, the court must schedule a hearing for at least sixty (60) days after the petition is served on them.

The cost of filing a petition for expungement of criminal court records that result from a conviction is $157, while there is no cost if the court records are from a non-conviction criminal case.

Criminal Records in Indiana Vs. Court Records

In Indiana, Criminal and court records are distinct types of documents that differ in their characteristics and functions. However, these records can be related to where and how they are used. Criminal records are primarily law enforcement records maintained by the Indiana State Police on a statewide level and locally by county sheriffs' offices. On the other hand, court records are judicial documents kept by court clerks primarily for use in court cases. Criminal court records are law enforcement records introduced in a judicial case as evidence and for record-keeping purposes.

Requesting an Indiana Criminal History Record

Criminal history records are kept in a central repository in Indiana. Local law enforcement organizations and courts in Indiana provide the Indiana State Police Central Records Division with information about criminal records. Indiana Code 10-13-3-27 restricts the amount of information about criminal histories that can be shared with most public entities and private citizens. The law states that, with a few exceptions, only information about arrests and felony and Class A criminal convictions can be provided to inquiring agencies or people who are not the record subject.

How to Request An Indiana Background Check

The Indiana State Police allows two types of state Background checks in Indiana. These are:

• Limited criminal history checks
• National Full criminal History checks

To request a limited criminal history check, the subject of the record must complete a records request form. The form should include a reason for the request and a $7 fee, which can be paid using cash, check, or money order. Persons who can not pay the request fee may be given waivers if they meet any of the criteria provided on the request form. The completed form should be mailed to:

Indiana State Police

Alternatively, individuals can also use the Indiana State Police's limited search online portal for criminal history records. The portal can be searched using the name of any person of interest. Each search costs $15.

A full criminal History check is a more comprehensive type of background check. It includes every arrest, charge, and disposition reported from every state and federal jurisdiction in the US. Persons seeking this background check must provide their electronic applicant fingerprint. This can be done by visiting any Fingerprinting service centers established by the Criminal Justice Information Services (CJIS) Section in Indiana.

Active vs Archived Criminal Cases in Indiana

Records of Active and archived criminal cases in Indiana differ in terms of the date they were created and the current status of the case. An active criminal case means that the case is currently within the sights of the legal system. An active criminal case will appear in every judicial database of the courts that handle the case. The case docket will be on the court's calendar, and details such as trial dates, case status, motions, and any other publicly available information about the case, as provided by attorneys or judges, will appear when the case records are accessed.

Archived cases, in contrast, are older cases that have been stored in a designated location. When a case record is archived, it indicates that it is no longer subject to modification and is maintained up to date to ensure its reasonable preservation in accordance with the proper record retention schedule. Archived case records are more difficult to access than active cases, and occasionally, they have higher barriers to public access than currently available records.