Indiana Arrest Records
Indiana arrest records are official documents created when Indiana law enforcement agencies take an individual into custody for violating the state's criminal laws. These records contain information about the arrests and the circumstances surrounding them. In Indiana, the police department or Sheriff's office creates and retains these records.
In Indiana, an arrest record is considered a part of an individual's criminal record and can be sealed or expunged if certain requirements specified by the state are met. The information contained in an arrest record cannot be used as proof of the individual's guilt, as not all arrests lead to a conviction.
A typical Indiana arrest record will contain the following information:
- Personal information of an arrestee: Including their full name, address, birth date, age, place of birth, ethnicity, nationality, occupation, and any other vital information about the arrestee;
- The arrestee's physical description: Including their gender, weight, height, hair color, skin and eye color, tattoos, scars, and additional unique traits);
- Type and level of crime committed: misdemeanor, infraction, or felony;
- Arrest and booking details: Such as mugshot, fingerprint, date, arrest location, time and date, the arresting officer and agency, detention status, warrant details, filed criminal charges, arraignment date, bail information, case number, and filing date.
Are Arrest Records Public in Indiana?
Yes. Per the Indiana Access to Public Record Act (APRA), members of the public have the right to request and view Indiana arrest records. However, a law enforcement agency may prohibit the disclosure of certain arrest records if they are related to an ongoing investigation or for other legal reasons. Some arrest records that may be restricted from public access under Indiana Code 35-38-5-5, Code 35-38-8-1 through 7 (and other federal laws) include:
- Arrests that do not result in a conviction;
- Arrest records of individuals whose cases were dismissed;
- Records of an arrest in which the individual was prosecuted and later pardoned of the criminal charges filed;
- Arrests records of class A misdemeanors or class D felony convictions where the victim was not wounded;
- Records of an arrest whereby 8 years have passed since the end of the sentencing period and all commitments related to the sentencing have been fulfilled;
- Arrest records of crimes that were not violent or non-sexual in nature;
- Confidential arrest records related to juveniles and minors.
How Do I Look Up Arrest Records in Indiana?
Individuals interested in looking up Indiana arrest records may contact the arresting agency. Public arrest records requests can be made physically or online at the state police department or the county sheriff's office, depending on the jurisdiction where the arrest occurred.
Indiana State Police
The Indiana State Police provides local arrest records of felonies and misdemeanors committed in the state to the public through the Limited Criminal History (LCH) search. LCH searches are done using a name, race, date of birth, place of birth, Social Security Number, or gender.
Interested persons can look up a person's LCH online at a subscription fee of $15 per record or $15.70 per record with a credit card. Alternatively, an LCH request form, alongside a money order for $7 payable to the State of Indiana, can be submitted in person or by mail at:
*Indiana State Police *
Criminal History Limited Check
P.O. Box 6188
Indianapolis, IN 46206-6188
**County Sheriff's Offices and Police Departments **
Most local police departments and Sheriff's offices in Indiana maintain a log of arrests made within the county limits. An inquirer can look up these records by contacting the local arresting agency. The inquirer must submit a public records request containing sufficient information to identify the arrest record. Some local agencies, like the La Porte County Sheriff's Office, provide unique request forms on their websites.
In-person arrest record checks can also be done within business hours by providing a valid ID card and a request fee of $10 payable by check, money order, or cash (as done by the Huntington County Sheriff's office). It may also be possible to submit mail requests to an arresting agency like the Porter County Sheriff's Office by providing the necessary details to facilitate a search.
The Federal Bureau of Investigation (FBI)
For a fee of $18, citizens of Indiana can retrieve their national Identity History Summary or "rap sheets" from the FBI's Criminal Justice Information Services Division online or via mail. This rap sheet contains the name of the arresting agency, the date of the arrest, the arrest charges, and the nature of the arrest. Inquirers are to note that the FBI does not provide copies of arrest records to third parties. Only the record subjects may submit a request.
**Other Government Agencies **
Record seekers may also get information about someone's arrest from other government bodies like the court where the case was heard. In Indiana, the courts maintain non-confidential criminal case records online via the Odyssey case management system. Individuals may search for cases by name, case number, or Attorney.
**Free Arrest Record Search in Indiana **
In Indiana, an individual can obtain a free arrest record by visiting the local Sheriff's office to examine public arrest records. However, most local enforcement agencies charge a fee for viewing these records. Some agencies may also provide free public terminals at their physical locations or online search portals on their authorized websites for access to arrest records.
How Long Do Arrests Stay on Your Record in Indiana?
Indiana arrest records created and managed by local law enforcement agencies are retained for 99 years (provided no severe offense has been perpetrated by the individual within the past 20 years), except for expungement or sealing. However, certain factors, such as statutory prerequisites, record type, and internal agency guidelines, may influence the record retention period.
**How to Seal Arrest Records in Indiana **
Per Indiana Code § 35-38-9-1, persons with criminal or arrest records may request the expungement or sealing of their records under specific circumstances. In Indiana, the expungement of criminal and arrest records is also called the Second Chance Law.
To seal an arrest record, an individual must file a petition *pro se *or through a legal professional. The petition for expungement must be affirmed and filed with the court that decided the case in the county where the arrest transpired. Individuals seeking to expunge arrest records that did not result in a criminal conviction must file a non-conviction petition order, while those with criminal convictions must file a conviction petition order.
Petitioners eligible for sealing of records are those who have been arrested, prosecuted for an offense, or alleged delinquents if:
- The arrest did not lead to a conviction or juvenile delinquency charge;
- The arrest charge was dismissed on appeal;
- The individual is not undergoing any pretrial diversion program.
A petitioner must include the following in the expungement petition:
- Arrest date, arresting officer name ( if known), arresting agency, and the county where the arrest ensued;
- The name of the court where the criminal charge or juvenile delinquency complaint was filed, if relevant.
Once the court approves a record expungement, the record is sealed or removed from public access. The authorized petition and court order confirming the expungement should be submitted to the Indiana State Police Expungement Section for processing. The filing fee for expanding records with convictions is $156 while filing expungement of records without convictions is free.
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