Indiana Code

Ind. Code § 35-38-9-1 (2026)

Expunging arrest records

✓ current as of May 2026

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Sec. 1. (a) This section applies only to a person who has been arrested, charged with an offense, or alleged to be a delinquent child, if:

(1) the arrest, criminal charge, or juvenile delinquency allegation:

(A) did not result in a conviction or juvenile adjudication, even if the arrest, criminal charge, or juvenile delinquency allegation resulted in an adjudication for an infraction; or

(B) resulted in a conviction or juvenile adjudication and the conviction or adjudication was expunged under sections 2 through 5 of this chapter, or was later vacated; and

(2) the person is not currently participating in a pretrial diversion program, unless the prosecuting attorney authorizes the person to petition for an expungement under this section.

(b) This subsection applies to a person charged with an offense or alleged to be a delinquent child after June 30, 2022. If:

(1) a court dismisses all:

(A) criminal charges; or

(B) juvenile delinquency allegations;

filed and pending against a person;

(2) one (1) year has passed since juvenile delinquency allegations were filed against a child, and:

(A) there is no disposition or order of waiver; and

(B) the state is not actively prosecuting the allegations; or

(3) in a:

(A) criminal trial a defendant is acquitted of all charges, or the defendant's conviction is later vacated; or

(B) juvenile proceeding the court finds all allegations not true, or the juvenile's true finding is later vacated;

the court shall immediately order all records related to the criminal charges or juvenile delinquency allegations expunged. An expungement order that is issued based on nonprosecution under subdivision (2) goes into effect immediately. An expungement order issued under subdivision (1) or (3) may not go into effect earlier than sixty (60) days from the date of the dismissal, acquittal, or no true finding. However, upon motion by the prosecuting attorney, if the court finds that specific facts exist in the particular case which justify a delay, the court may delay implementation of an expungement order under subdivision (1) or (3) for up to one (1) year from the date of the dismissal, acquittal, or no true finding.

(1) a person is arrested;

(2) one (1) year has elapsed since the date of the arrest; and

(3) no charges are pending against the person;

the person may petition a judge exercising criminal jurisdiction in the county (or a designated judge, if applicable) for expungement, setting forth these facts. Upon receipt of the petition, the judge shall immediately order the expungement of all records related to the arrest. Expungement under this subsection does not shorten the statute of limitations. A prosecuting attorney may still file a charge under this subsection.

(d) Not earlier than one (1) year after the date of arrest, criminal charge, or juvenile delinquency allegation (whichever is later), if the person was not convicted or adjudicated a delinquent child, or the opinion vacating the conviction or adjudication becomes final, the person may petition the court for expungement of the records related to the arrest, criminal charge, or juvenile delinquency allegation. However, a person may petition the court for expungement at an earlier time if the prosecuting attorney agrees in writing to an earlier time.

(e) A petition for expungement of records must be verified and filed in a circuit or superior court in the county where the criminal charges or juvenile delinquency allegation was filed, or if no criminal charges or juvenile delinquency allegation was filed, in the county where the arrest occurred. The petition must set forth:

(1) the date of the arrest, criminal charges, or juvenile delinquency allegation, and conviction (if applicable);

(2) the county in which the arrest occurred, the county in which the information or indictment was filed, and the county in which the juvenile delinquency allegation was filed, if applicable;

(3) the law enforcement agency employing the arresting officer, if known;

(4) the court in which the criminal charges or juvenile delinquency allegation was filed, if applicable;

(5) any other known identifying information, such as:

(A) the name of the arresting officer;

(B) case number or court cause number;

(D) the petitioner's driver's license number; and

(E) a list of each criminal charge and its disposition, if applicable;

(6) the date of the petitioner's birth; and

(7) the petitioner's Social Security number.

A person who files a petition under this section is not required to pay a filing fee.

(f) The court shall serve a copy of the petition on the prosecuting attorney.

(g) Upon receipt of a petition for expungement, the court:

(1) may summarily deny the petition if the petition does not meet the requirements of this section, or if the statements contained in the petition indicate that the petitioner is not entitled to relief; and

(2) shall grant the petition unless:

(A) the conditions described in subsection (a) have not been met; or

(B) criminal charges are pending against the person.

(h) Whenever the petition of a person under this section is granted, or if an expungement order is issued without a petition under subsection (b):

(1) no information concerning the arrest, criminal charges, juvenile delinquency allegation, vacated conviction, or vacated juvenile delinquency adjudication (including information from a collateral action that identifies the petitioner), may be placed or retained in any state central repository for criminal history information or in any other alphabetically arranged criminal history information system maintained by a local, regional, or statewide law enforcement agency;

(2) the clerk of the supreme court shall seal or redact any records in the clerk's possession that relate to the arrest, criminal charges, juvenile delinquency allegation, vacated conviction, or vacated juvenile delinquency adjudication;

(3) the records of:

(A) the sentencing court;

(B) a court that conducted a collateral action;

(D) a court of appeals; and

(E) the supreme court;

concerning the person shall be redacted or permanently sealed from public access; and

(4) with respect to the records of a person who is named as an appellant or an appellee in an opinion or memorandum decision by the supreme court or the court of appeals, or who is identified in a collateral action, the court shall:

(A) redact the opinion or memorandum decision as it appears on the computer gateway administered by the office of technology so that it does not include the petitioner's name (in the same manner that opinions involving juveniles are redacted); and

(B) provide a redacted copy of the opinion to any publisher or organization to whom the opinion or memorandum decision is provided after the date of the order of expungement.

The supreme court and the court of appeals are not required to redact, destroy, or otherwise dispose of any existing copy of an opinion or memorandum decision that includes the petitioner's name.

(i) If the court issues an order granting a petition for expungement under this section, or issues an order for expungement without a petition under subsection (b), the order must include the information described in subsection (e).

(j) If a person whose records are expunged brings an action that might be defended with the contents of the expunged records, the defendant is presumed to have a complete defense to the action. In order for the plaintiff to recover, the plaintiff must show that the contents of the expunged records would not exonerate the defendant. The plaintiff may be required to state under oath whether the plaintiff had records in the criminal or juvenile justice system and whether those records were expunged. If the plaintiff denies the existence of the records, the defendant may prove their existence in any manner compatible with the law of evidence.

(k) Records expunged or sealed under this section must be removed or sealed in accordance with this section, but may not be deleted or destroyed. Records expunged or sealed under this section remain available to the court and criminal justice agencies as needed to carry out their official duties.

As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.7; P.L.142-2015, SEC.1; P.L.219-2019, SEC.7; P.L.14-2022, SEC.1; P.L.185-2023, SEC.5; P.L.9-2024, SEC.535.

Notes of Decisions

Cited in 16 cases (4 in the last 5 years), 2013–2025 · leading case: In Re: The Petition for Expungement of Conviction Records of: B.S. v. State of Indiana, 95 N.E.3d 177 (Ind. Ct. App. 2018).

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In Re: The Petition for Expungement of Conviction Records of: B.S. v. State of Indiana, 95 N.E.3d 177 (Ind. Ct. App. 2018). · cites it 22× “Ind. Code § 35-38-9-1 (f) (2015). [8] Herein, the trial court found the PCR records could not be expunged because "such causes are not covered under Indiana Code § 35-38-9 et seq.”

Alan Lee Berryman v. State of Indiana, 127 N.E.3d 1246 (Ind. Ct. App. 2019). · cites it 28× “" Ind. Code § 35-38-9-1 (a) (emphasis added).”

D.A. v. State of Indiana, 58 N.E.3d 169 (Ind. 2016). · cites it 4× “Ind.Code §§ 35-38-9-1 to -5. But the overhaul of Indiana expungement law did not stop there; rather, amendments in both 2014 and 2015 marked a continuing and significant legislative effort to broaden expungement availability.”

J.B. v. State of Indiana, 27 N.E.3d 336 (Ind. Ct. App. 2015). · cites it 2× “did not qualify for expungement pursuant to Indiana Code section 35-38-9-1 because his petition did not include any information “pertaining to an arrest.”

Jerrell Antonio Key v. State of Indiana, 48 N.E.3d 333 (Ind. Ct. App. 2015). · cites it 2× “I.C. § 35-38-9-1 et seq.; Trout, 28 N.E.3d at 269 .”

Michael A. Kelley v. Greg Zoeller, 800 F.3d 318 (7th Cir. 2015). “See Ind.Code § 35-38-9-1 el seq. (2013); Taylor v.”

In re the Expungement/Sealing of Records of H.M. v. State of Indiana & Marion Cnty. Sheriff, 65 N.E.3d 1054 (Ind. Ct. App. 2016). · cites it 4× “1 Ind. Code § 35-38-9-1 et seq. Court of Appeals of Indiana | Opinion 49A02-1604-MI-700 | December 8, 2016 Page 2 of 14 [5] On November 12, 2014, H.”

T.A. v. State of Indiana, 62 N.E.3d 436 (Ind. Ct. App. 2016). · cites it 10× “Ind.Code § 35-38-9-1 (2015). [10] T.A. claims that according to the plain language of subsection (e), the juvenile court was required to act on his petition immediately without scheduling a *439 hearing.”

Sabrina Y. Dada v. State of Indiana, 39 N.E.3d 686 (Ind. Ct. App. 2015). · cites it 4× “Indiana Code section 35-38-9-1 governs the expungement of records relat- ' ed to criminal charges that did not result in a conviction.”

In Re: The Matter of the Petition to Expunge Conviction Records of James D. Borel v. State of Indiana, 44 N.E.3d 791 (Ind. Ct. App. 2015). · cites it 2× “, ,The chapter of the Indiana Code that governs expungement petitions, Indiana Code section 35-38-9-1 et seq., does not mandate the use of initials on appeal.”

CHINS: K.C. v. Indiana Dep't of Child Servs. (Ind. Ct. App. 2024). · cites it 4× “[21] After the trial court dismissed Father’s criminal charges, the records were properly expunged pursuant to Indiana Code section 35-38-9-1. In relevant part, the expungement statute’s purpose is to allow an individual who satisfies certain criteria to escape the stigma…”

Franklin v. Snyder (N.D. Ind. 2025). · cites it 2× “On June 15, 2023 Tippecanoe Superior Court Five issued an order granting automatic expungement to each of the Franklins pursuant to Indiana Code § 35-38-9-1(b). [Id.] Following all of this, the Franklins filed suit in federal court alleging a violation of their First and Fourth…”

Show all 16 citing cases →

— Ind. Code § 35-38-9-1(a) — 1 case

Sabrina Y. Dada v. State of Indiana, 39 N.E.3d 686 (Ind. Ct. App. 2015). “Indiana Code section 35-38-9-1 governs the expungement of records relat- ' ed to criminal charges that did not result in a conviction.”

— Ind. Code § 35-38-9-1(b) — 1 case

Franklin v. Snyder (N.D. Ind. 2025). “On June 15, 2023 Tippecanoe Superior Court Five issued an order granting automatic expungement to each of the Franklins pursuant to Indiana Code § 35-38-9-1(b). [Id.] Following all of this, the Franklins filed suit in federal court alleging a violation of their First and Fourth…”

— Ind. Code § 35-38-9-1(b)(1) — 1 case

CHINS: K.C. v. Indiana Dep't of Child Servs. (Ind. Ct. App. 2024). “[21] After the trial court dismissed Father’s criminal charges, the records were properly expunged pursuant to Indiana Code section 35-38-9-1. In relevant part, the expungement statute’s purpose is to allow an individual who satisfies certain criteria to escape the stigma…”

— Ind. Code § 35-38-9-1(e) — 1 case

T.A. v. State of Indiana, 62 N.E.3d 436 (Ind. Ct. App. 2016). “Ind.Code § 35-38-9-1 (2015). [10] T.A. claims that according to the plain language of subsection (e), the juvenile court was required to act on his petition immediately without scheduling a *439 hearing.”

— Ind. Code § 35-38-9-1(f) — 1 case

In Re: The Petition for Expungement of Conviction Records of: B.S. v. State of Indiana, 95 N.E.3d 177 (Ind. Ct. App. 2018). “Ind. Code § 35-38-9-1 (f) (2015). [8] Herein, the trial court found the PCR records could not be expunged because "such causes are not covered under Indiana Code § 35-38-9 et seq.”

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