Ind. Code » Title 35
Indiana Code

Ind. Code § 35-38-5-5 (2026)

Petition to limit access to limited criminal history of person discharged from probation, imprisonment, or parole

✓ current as of May 2026
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     Sec. 5. (a) This section does not apply to a request to a law enforcement agency for the release or inspection of a limited criminal history to a noncriminal justice organization or individual whenever the subject of the request is described in IC 10-13-3-27(a)(8) or IC 10-13-3-27(a)(12).

     (b) A person may petition the state police department to limit access to the person's limited criminal history to criminal justice agencies if more than fifteen (15) years have elapsed since the date the person was discharged from probation, imprisonment, or parole (whichever is later) for the last conviction for a crime.

     (c) When a petition is filed under subsection (b), the state police department shall not release limited criminal history to noncriminal justice agencies under IC 10-13-3-27.

As added by P.L.311-1983, SEC.3. Amended by P.L.56-1998, SEC.18; P.L.10-1999, SEC.3; P.L.2-2003, SEC.92; P.L.2-2005, SEC.124.

 

Notes of Decisions
Cited in 4 cases, 2011–2013 · leading case: Zagorac v. State, 943 N.E.2d 384 (Ind. Ct. App. 2011).
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Zagorac v. State, 943 N.E.2d 384 (Ind. Ct. App. 2011). · cites it 12× “Defendant is not eligible for the relief specified in Ind.Code § 35-38-5-5 for limiting criminal history access since he does not have a conviction.”
Rebirth Christian Academy Daycare, Inc. v. Indiana Fam. & Soc. Servs. Admin., 990 N.E.2d 24 (Ind. Ct. App. 2013). · cites it 2× “See I.C. §§ 35-38-5-5(a); 10-13-3-27(a)(8). With another amendment in 2011, the General Assembly added I.”
Jeremiah Cline v. State of Indiana, 971 N.E.2d 1240 (Ind. Ct. App. 2012). · cites it 2× “Code § 35-38-5-3 , and limited access to one’s criminal history upon the passage of fifteen years since the date of discharge from probation, imprisonment, or parole, see Ind. Code 35-38-5-5. Expungement is similar to what Cline requests regarding the sex offender registry, but…”
Darryl Crenshaw & Krisean Porter v. State of Indiana (Ind. Ct. App. 2013). · cites it 2× “Ind. Code § 35-38-5-5 .5(e). The prosecuting attorney is permitted to file an opposition to the petition, but is not required to do so.”
Ind. Code § 35-38-5-5(a): 1 case
Rebirth Christian Academy Daycare, Inc. v. Indiana Fam. & Soc. Servs. Admin., 990 N.E.2d 24 (Ind. Ct. App. 2013). “See I.C. §§ 35-38-5-5(a); 10-13-3-27(a)(8). With another amendment in 2011, the General Assembly added I.”
Ind. Code § 35-38-5-5(b): 1 case
Zagorac v. State, 943 N.E.2d 384 (Ind. Ct. App. 2011). “Defendant is not eligible for the relief specified in Ind.Code § 35-38-5-5 for limiting criminal history access since he does not have a conviction.”
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