Ind. Code » Title 35
Indiana Code

Ind. Code § 35-38-5-1 (2026)

Repealed

✓ current as of May 2026
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As added by P.L.311-1983, SEC.3. Amended by P.L.295-1989, SEC.1; P.L.159-1994, SEC.1. Repealed by P.L.181-2014, SEC.3.

 

Notes of Decisions
Cited in 17 cases, 1989–2014 · leading case: Ryan v. State, 900 N.E.2d 43 (Ind. Ct. App. 2009).
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Ryan v. State, 900 N.E.2d 43 (Ind. Ct. App. 2009). · cites it 53× “" Ind.Code § 35-38-5-1. Ryan was arrested and charged with child molesting, but the criminal charge was "dropped," id.”
Blake v. State, 860 N.E.2d 625 (Ind. Ct. App. 2007). · cites it 20× “In particular, the State asserts that Ind. Code § 35-38-5-1 is the only avenue for expunging an arrest record and that Blake has not met the statutory requirements.”
State Ex Rel. Indiana State Police v. Arnold, 906 N.E.2d 167 (Ind. 2009). · cites it 19× “The statute at issue in this case, Ind. Code § 35-38-5-1 (2008) (the "Expungement Statute"), provides in relevant part: (a) Whenever: (1) an individual is arrested but no criminal charges are filed against the individual; or (2) all criminal charges filed against an individual…”
State v. Reynolds, 774 N.E.2d 902 (Ind. Ct. App. 2002). · cites it 10× “) On March 8, 2001, Reynolds filed his Verified Motion for Expungement of Arrest Record under Indiana Code section 35-38-5-1. A hearing was held on Reynolds’ motion on April 18, 2001.”
State Ex Rel. Indiana State Police v. Arnold, 881 N.E.2d 1105 (Ind. Ct. App. 2008). · cites it 14× “On April 18, 2006, Arnold filed a verified petition for expungement of his arrest record for robbery pursuant to Indiana Code section 35-38-5-1. In his petition, Arnold asserted that the State never filed charges relating to his robbery arrest.”
Payne v. State, 531 N.E.2d 216 (Ind. Ct. App. 1989). · cites it 8× “Ind. Code § 35-38-5-1 provides as follows: "Petition for expungement of records — Procedure upon receipt of petition — Notice of opposition.”
Zagorac v. State, 943 N.E.2d 384 (Ind. Ct. App. 2011). · cites it 4× “See Ind.Code § 35-38-5-1 (c)-(d) (requiring service of petition on agencies so they may object to ex-pungement).”
Heyen v. State, 936 N.E.2d 294 (Ind. Ct. App. 2010). · cites it 2× “Indiana's warrant statute, Indiana Code section 35-83-5-2, provides, in pertinent part, that a judge generally may not issue a search or arrest warrant without an affidavit that: (1) particularly describes the house or place to be searched and the things to be searched for; (2)…”
Kleiman v. State, 590 N.E.2d 660 (Ind. Ct. App. 1992). · cites it 3× “The trial court denied his request, finding that Ind.Code 35-38-5-1, the only Indiana statute addressed to expungement of arrest records, permitted expungement only when the charges had been dropped before trial.”
Gerber v. State, 912 N.E.2d 386 (Ind. Ct. App. 2009). · cites it 30× “Statute of Limitations Ind.Code § 35-38-5-1, the expungement statute, provides: (a) Whenever: (1) an individual is arrested but no criminal charges are filed against the individual; or (2) all criminal charges filed against an individual are dropped because: (A) of a mistaken…”
Jeremiah Cline v. State of Indiana, 971 N.E.2d 1240 (Ind. Ct. App. 2012). · cites it 4× “6 The general expungement statute, Indiana Code § 35-38-5-1, affords relief only when there has been no charge following an arrest or where a charge is dismissed because of mistaken identity, no offense was in fact committed, or there is an absence of probable cause.”
Indianapolis Metro. Police Dep't v. Donald A. Prout, 10 N.E.3d 560 (Ind. Ct. App. 2014). · cites it 11× “Prout in the above entitled cause of action, IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that the Petition for Expungement filed by [Prout] is hereby granted pursuant to Indiana Code § 35-38-5-1.”
Show all 17 citing cases →
— Ind. Code § 35-38-5-1(a) — 3 cases
Ryan v. State, 900 N.E.2d 43 (Ind. Ct. App. 2009). “" Ind.Code § 35-38-5-1. Ryan was arrested and charged with child molesting, but the criminal charge was "dropped," id.”
State Ex Rel. Indiana State Police v. Arnold, 906 N.E.2d 167 (Ind. 2009). “The statute at issue in this case, Ind. Code § 35-38-5-1 (2008) (the "Expungement Statute"), provides in relevant part: (a) Whenever: (1) an individual is arrested but no criminal charges are filed against the individual; or (2) all criminal charges filed against an individual…”
Gatzimos v. State, 934 N.E.2d 149 (Ind. Ct. App. 2010).
— Ind. Code § 35-38-5-1(c) — 1 case
Ryan v. State, 900 N.E.2d 43 (Ind. Ct. App. 2009). “" Ind.Code § 35-38-5-1. Ryan was arrested and charged with child molesting, but the criminal charge was "dropped," id.”
— Ind. Code § 35-38-5-1(d) — 3 cases
Ryan v. State, 900 N.E.2d 43 (Ind. Ct. App. 2009). “" Ind.Code § 35-38-5-1. Ryan was arrested and charged with child molesting, but the criminal charge was "dropped," id.”
State Ex Rel. Indiana State Police v. Arnold, 906 N.E.2d 167 (Ind. 2009). “The statute at issue in this case, Ind. Code § 35-38-5-1 (2008) (the "Expungement Statute"), provides in relevant part: (a) Whenever: (1) an individual is arrested but no criminal charges are filed against the individual; or (2) all criminal charges filed against an individual…”
Gerber v. State, 912 N.E.2d 386 (Ind. Ct. App. 2009). “Statute of Limitations Ind.Code § 35-38-5-1, the expungement statute, provides: (a) Whenever: (1) an individual is arrested but no criminal charges are filed against the individual; or (2) all criminal charges filed against an individual are dropped because: (A) of a mistaken…”
— Ind. Code § 35-38-5-1(d)(1) — 2 cases
State Ex Rel. Indiana State Police v. Arnold, 906 N.E.2d 167 (Ind. 2009). “The statute at issue in this case, Ind. Code § 35-38-5-1 (2008) (the "Expungement Statute"), provides in relevant part: (a) Whenever: (1) an individual is arrested but no criminal charges are filed against the individual; or (2) all criminal charges filed against an individual…”
Gerber v. State, 912 N.E.2d 386 (Ind. Ct. App. 2009). “Statute of Limitations Ind.Code § 35-38-5-1, the expungement statute, provides: (a) Whenever: (1) an individual is arrested but no criminal charges are filed against the individual; or (2) all criminal charges filed against an individual are dropped because: (A) of a mistaken…”
— Ind. Code § 35-38-5-1(d)(2) — 1 case
Gerber v. State, 912 N.E.2d 386 (Ind. Ct. App. 2009). “Statute of Limitations Ind.Code § 35-38-5-1, the expungement statute, provides: (a) Whenever: (1) an individual is arrested but no criminal charges are filed against the individual; or (2) all criminal charges filed against an individual are dropped because: (A) of a mistaken…”
— Ind. Code § 35-38-5-1(d)(3) — 1 case
Ryan v. State, 900 N.E.2d 43 (Ind. Ct. App. 2009). “" Ind.Code § 35-38-5-1. Ryan was arrested and charged with child molesting, but the criminal charge was "dropped," id.”
— Ind. Code § 35-38-5-1(d)(3)(A) — 2 cases
Ryan v. State, 900 N.E.2d 43 (Ind. Ct. App. 2009). “" Ind.Code § 35-38-5-1. Ryan was arrested and charged with child molesting, but the criminal charge was "dropped," id.”
Gerber v. State, 912 N.E.2d 386 (Ind. Ct. App. 2009). “Statute of Limitations Ind.Code § 35-38-5-1, the expungement statute, provides: (a) Whenever: (1) an individual is arrested but no criminal charges are filed against the individual; or (2) all criminal charges filed against an individual are dropped because: (A) of a mistaken…”
— Ind. Code § 35-38-5-1(d)(3)(B) — 2 cases
Ryan v. State, 900 N.E.2d 43 (Ind. Ct. App. 2009). “" Ind.Code § 35-38-5-1. Ryan was arrested and charged with child molesting, but the criminal charge was "dropped," id.”
Gerber v. State, 912 N.E.2d 386 (Ind. Ct. App. 2009). “Statute of Limitations Ind.Code § 35-38-5-1, the expungement statute, provides: (a) Whenever: (1) an individual is arrested but no criminal charges are filed against the individual; or (2) all criminal charges filed against an individual are dropped because: (A) of a mistaken…”
— Ind. Code § 35-38-5-1(d)(8) — 1 case
Ryan v. State, 900 N.E.2d 43 (Ind. Ct. App. 2009). “" Ind.Code § 35-38-5-1. Ryan was arrested and charged with child molesting, but the criminal charge was "dropped," id.”
— Ind. Code § 35-38-5-1(d)(8)(A) — 1 case
Gerber v. State, 912 N.E.2d 386 (Ind. Ct. App. 2009). “Statute of Limitations Ind.Code § 35-38-5-1, the expungement statute, provides: (a) Whenever: (1) an individual is arrested but no criminal charges are filed against the individual; or (2) all criminal charges filed against an individual are dropped because: (A) of a mistaken…”
— Ind. Code § 35-38-5-1(d)(8)(B) — 1 case
Gerber v. State, 912 N.E.2d 386 (Ind. Ct. App. 2009). “Statute of Limitations Ind.Code § 35-38-5-1, the expungement statute, provides: (a) Whenever: (1) an individual is arrested but no criminal charges are filed against the individual; or (2) all criminal charges filed against an individual are dropped because: (A) of a mistaken…”
— Ind. Code § 35-38-5-1(e) — 1 case
Ryan v. State, 900 N.E.2d 43 (Ind. Ct. App. 2009). “" Ind.Code § 35-38-5-1. Ryan was arrested and charged with child molesting, but the criminal charge was "dropped," id.”
— Ind. Code § 35-38-5-1(f) — 4 cases
Ryan v. State, 900 N.E.2d 43 (Ind. Ct. App. 2009). “" Ind.Code § 35-38-5-1. Ryan was arrested and charged with child molesting, but the criminal charge was "dropped," id.”
State Ex Rel. Indiana State Police v. Arnold, 906 N.E.2d 167 (Ind. 2009). “The statute at issue in this case, Ind. Code § 35-38-5-1 (2008) (the "Expungement Statute"), provides in relevant part: (a) Whenever: (1) an individual is arrested but no criminal charges are filed against the individual; or (2) all criminal charges filed against an individual…”
Gerber v. State, 912 N.E.2d 386 (Ind. Ct. App. 2009). “Statute of Limitations Ind.Code § 35-38-5-1, the expungement statute, provides: (a) Whenever: (1) an individual is arrested but no criminal charges are filed against the individual; or (2) all criminal charges filed against an individual are dropped because: (A) of a mistaken…”
Gatzimos v. State, 934 N.E.2d 149 (Ind. Ct. App. 2010).
— Ind. Code § 35-38-5-1(f)(2) — 2 cases
State Ex Rel. Indiana State Police v. Arnold, 906 N.E.2d 167 (Ind. 2009). “The statute at issue in this case, Ind. Code § 35-38-5-1 (2008) (the "Expungement Statute"), provides in relevant part: (a) Whenever: (1) an individual is arrested but no criminal charges are filed against the individual; or (2) all criminal charges filed against an individual…”
Ryan v. State, 900 N.E.2d 43 (Ind. Ct. App. 2009). “" Ind.Code § 35-38-5-1. Ryan was arrested and charged with child molesting, but the criminal charge was "dropped," id.”
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