Indiana § 31-39-8-3 - Juvenile expungement procedure and process

§ 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.