Ind. Code ch. 31-39-8

in effect

Ind. Code § 31-39-8-1 Application of chapter

Sec. 1. This chapter applies only to records created as a result of allegations that a child is a delinquent child or a child in need of services. [Pre-1997 Recodification Citation: 31-6-8-2(a).] As added by P.L.1-1997, SEC.22.

Ind. Code § 31-39-8-1.5 Exclusive jurisdiction to expunge delinquency and CHINS findings

Sec. 1.5. The juvenile court in the county of the original action has exclusive original jurisdiction over petitions to expunge records of a child alleged to be a delinquent child or a child in need of services. As added by P.L.86-2017, SEC.7.

Ind. Code § 31-39-8-2 Petition to remove or seal juvenile court records; access to sealed records by law enforcement officers; electronic records

Sec. 2. (a) Any person may petition a juvenile court at any time to remove from: (1) the court's files; (2) the files of law enforcement agencies; and (3) the files of any other person who has provided services to a child under a court order; records pertaining to the person's involvement in juvenile court proceedings that did not result in a finding that a child committed an offense that would be a serious violent felony (as defined by IC 35-31.5-2-294). (b) Any person may petition a juvenile court at any time to seal records relating to a delinquency proceeding that are maintained in: (1) the court's files; and (2) the files of law enforcement agencies. Sealed records under this subsection that relate to a finding that a child committed an offense that would be a serious violent felony (as defined by IC 35-31.5-2-294) shall be made available to a law enforcement officer acting within the scope of the officer's duties, but may not be made available to the public without a court order. (c) Electronic records not relating to a finding that a child committed an offense that would be a serious violent felony (as defined by IC 35-31.5-2-294) shall be removed to a secure data base to which the public or another person not having legal or statutory authority to access the records is not granted access to the data base. [Pre-1997 Recodification Citation: 31-6-8-2(b).] As added by P.L.1-1997, SEC.22. Amended by P.L.86-2017, SEC.8; P.L.77-2025, SEC.5.

Ind. Code § 31-39-8-3 Juvenile expungement procedure and process

Sec. 3. (a) A person may initiate a petition for the expungement of records of a child alleged to be a delinquent child or a child in need of services by filing a verified petition in the juvenile court in the county of the original action. The petition must set forth the following: (1) The allegations and date of adjudication, if applicable, of the juvenile delinquency or child in need of services adjudications. (2) The court in which juvenile delinquency or child in need of services allegations or petitions were filed. (3) The law enforcement agency that employs the charging officer, if known. (4) The case number or court cause number. (5) Date of birth of the petitioner. (6) Petitioner's Social Security number. (7) All juvenile delinquency or child in need of services adjudications and criminal convictions occurring after the adjudication of the action sought to be expunged. (8) All pending actions under IC 31-34 or IC 31-37 or criminal charges. (b) A petition described in subsection (a) shall be served on: (1) the prosecuting attorney; or (2) in the case of a child in need of services case, the department of child services. (c) The prosecuting attorney or department of child services has thirty (30) days in which to reply or otherwise object to the petition. The court may reduce the time in which a response must be filed for a show of good cause or within its discretion after a hearing is held. (d) If the prosecuting attorney or department of child services timely files an objection to the petition, the matter shall be set for a hearing. If no objection is filed, the court may set the petition for a hearing or rule on the petition without a hearing. (e) In considering whether to grant the petition, the juvenile court may review: (1) the best interests of the child; (2) the age of the person during the person's contact with the juvenile court or law enforcement agency; (3) the nature of any allegations; (4) whether there was an informal adjustment or an adjudication; (5) the disposition of the case; (6) the manner in which the person participated in any court ordered or supervised services; (7) the time during which the person has been without contact with the juvenile court or with any law enforcement agency; (8) whether the person acquired a criminal record; (9) the person's current status; (10) whether the person has been: (A) charged with; or (B) convicted of; murder or another felony offense as an adult; (11) whether the person was waived to an adult criminal court for a reason described in IC 31-30-3; (12) whether an adult sentence for the person was not suspended for a reason described in IC 35-50-2-2.1 (before its repeal); and (13) whether: (A) the person has been adjudicated a delinquent child for committing an act that would be a serious violent felony (as defined in IC 35-47-4-5) if committed by an adult; and (B) the: (i) person is currently suffering from a mental health issue; (ii) mental health issue described in item (i) is chronic or ongoing; (iii) person has received, or is receiving, treatment for a current or chronic mental health issue; or (iv) person is compliant with a treatment regimen recommended by a mental health professional, if applicable. [Pre-1997 Recodification Citation: 31-6-8-2(c).] As added by P.L.1-1997, SEC.22. Amended by P.L.86-2017, SEC.9; P.L.142-2020, SEC.49; P.L.72-2023, SEC.3.

Ind. Code § 31-39-8-3.5 Automatic expungement of certain juvenile offenses

Sec. 3.5. (a) This section does not apply to the records of a child adjudicated a delinquent child for committing an act that would be: (1) a felony if committed by an adult; (2) a violation of IC 35-47-2; or (3) a violation of IC 35-47-10. (b) This section applies to the records of a child adjudicated a delinquent child after June 30, 2021. (c) When a child reaches nineteen (19) years of age, or one (1) year after the date on which the juvenile court discharges the child under IC 31-37-20-7, whichever is later, the court shall, on its own motion and without holding a hearing, order expungement of the records relating to the child's delinquency adjudication that are not excluded under subsection (a) within sixty (60) days, unless the court finds, based on the nature of the delinquent act and the needs of the child, that automatic expungement under this section would not serve the interests of justice. (d) The expungement provisions in this section supplement and are in addition to expungement provisions located elsewhere in this chapter. A person entitled to expungement of delinquency records under this section may also seek expungement under any other applicable section of this chapter. As added by P.L.157-2021, SEC.4.

Ind. Code § 31-39-8-4 Expungement of child abuse or neglect information

Sec. 4. (a) Child abuse or neglect information may be expunged under this chapter if the probative value of the information is so doubtful as to outweigh the information's validity. (b) Child abuse or neglect information shall be expunged if the information is determined to be unsubstantiated after: (1) an investigation of a report of a child who may be a victim of child abuse or neglect by the department of child services; or (2) a court proceeding. [Pre-1997 Recodification Citation: 31-6-11-5(c).] As added by P.L.1-1997, SEC.22. Amended by P.L.234-2005, SEC.190.

Ind. Code § 31-39-8-5 Expungement of records held by law enforcement agencies and persons providing treatment for child

Sec. 5. (a) This subsection applies to an expungement petition that does not relate to a finding that a child committed an offense that would be a serious violent felony (as defined by IC 35-31.5-2-294). If the court grants the expungement petition, the court shall order each law enforcement agency and each person who provided treatment for the child under an order of the court to send that person's records to the court. (b) This subsection applies to an expungement petition that relates to a finding that a child committed an offense that would be a serious violent felony (as defined by IC 35-31.5-2-294). If the court grants the expungement petition, the court shall order each person who provided treatment for the child under an order of the court to send that person's records to the court. [Pre-1997 Recodification Citation: 31-6-8-2(d).] As added by P.L.1-1997, SEC.22. Amended by P.L.77-2025, SEC.6.

Ind. Code § 31-39-8-6 Destruction of expunged records not relating to offense that would be a serious violent felony; retention of data

Sec. 6. (a) This section does not apply to records relating to a finding that a child committed an offense that would be a serious violent felony (as defined by IC 35-31.5-2-294). Subject to subsections (b) and (c), the records shall be destroyed upon a grant of an expungement petition by the court including an expungement order issued under section 3.5 of this chapter. (b) Data from the records in subsection (a) shall be maintained by the court on a secure data base that does not enable identification of the offender to the public or another person not having legal or statutory authority to access the records. (c) The records maintained in the data base under subsection (b) may be used only for statistical analysis, research, and financial auditing purposes. [Pre-1997 Recodification Citation: 31-6-8-2(e).] As added by P.L.1-1997, SEC.22. Amended by P.L.86-2017, SEC.10; P.L.157-2021, SEC.5; P.L.77-2025, SEC.7.

Ind. Code § 31-39-8-6.5 Seal of expunged records relating to offense that would be a serious violent felony; access to sealed records by law enforcement officers; retention of data

Sec. 6.5. (a) This section applies to records relating to a finding that a child committed an offense that would be a serious violent felony (as defined by IC 35-31.5-2-294). Records shall be sealed upon a grant of an expungement petition by the court. Sealed records under this section shall be made available to a law enforcement officer acting within the scope of the officer's duties, but, except as provided in subsections (b) and (c), may not be made available to the public without a court order. (b) The court may maintain data from the records in subsection (a) on a secure data base, separate from the data base to which a law enforcement officer and persons with a court order have access, that does not enable identification of the offender to the public or another person not having legal or statutory authority to access the records. (c) The records maintained in the data base under subsection (b) may be used only for statistical analysis, research, and financial auditing purposes. As added by P.L.77-2025, SEC.8.

Ind. Code § 31-39-8-7 Use of expunged records in civil action

Sec. 7. If a person whose records are expunged brings an action that might be defended with the contents of the records, the defendant is presumed to have a complete defense to the action. 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 juvenile justice system and whether those records were expunged. If the plaintiff denies the existence of the records, the defendant may prove the existence of the records in any manner compatible with the law of evidence. [Pre-1997 Recodification Citation: 31-6-8-2(f).] As added by P.L.1-1997, SEC.22.

Ind. Code § 31-39-8-8 Law enforcement access to sealed records relating to offense that would be a serious violent felony

Sec. 8. A person having custody of sealed records relating to a finding that a child committed an offense that would be a serious violent felony (as defined by IC 35-31.5-2-294) shall cooperate with a law enforcement agency to ensure that these records are accessible from the mobile terminal of a law enforcement officer, and are otherwise available to a law enforcement officer acting within the scope of the officer's duties in a timely manner. As added by P.L.77-2025, SEC.9.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026