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Indiana Arrest Records
The criminal justice process in Indiana usually begins with an arrest. When a person is suspected of committing a crime, they are arrested by law enforcement immediately or apprehended following the issuance and execution of an arrest warrant. These events are documented in an official report by Indiana law enforcement agencies and are termed Indiana arrest records.
An Indiana arrest record comprises information about the arrestee and the circumstances surrounding the arrest. It details information such as:
- Name
- Date of birth
- Physical descriptors
- List of charges
- Types of crime
- Location of arrest
- Case number.
Local law enforcement agencies typically maintain arrest records in their custody and jurisdiction. However, the Indiana State Police provides online criminal history services for state-wide arrest records on misdemeanors and felonies that are less than one year old and over one year old with a court disposition.
Are Arrest Records Public in Indiana?
Yes, arrest records are disclosed to the general public in Indiana according to Indiana's Access to Public Record Act (APRA). The APRA, also called the Open Door Law ("ODL")(Ind Code 5-14-1.5), was initially enacted by the Indiana General Assembly in 1977. It grants citizens of the commonwealth the right to request access to examine, view, or make copies of all public records, including arrest records.
Some arrest records, however, may be restricted from public disclosure following a court verdict, law enforcement agency rules, federal exemption law, or expungement. These provisions are in Indiana Code §35-38-8-1. In determining whether a particular arrest record is exempt from disclosure under the APRA, Indiana courts interpret these exceptions as follows.
Exempted arrest records and information include:
- Arrest records of someone who was arrested but never prosecuted in a court of law
- Records of an arrestee whose charges were dropped or dismissed
- Arrest records of someone whose criminal charges were acquitted
- Information contained in an arrest that may jeopardize the safety of a witness or offender
- Arrest records for class A misdemeanors or class D felony convictions for offenses that did not result in injuries
- Arrest records of individuals accused of non-sexual or non-violent offenses
- Juvenile arrest records
- An individual's Social Security number
- Investigatory records of law enforcement agencies, especially for ongoing crime investigations
Aside from these restrictions and exemptions under applicable state and federal laws, all arrest records created for crimes committed under the State Criminal Law and Procedure Act are considered public records. Suppose an arrest record is not exempt from disclosure and is identifiable with reasonable particularity according to I.C. § 5-14-3-3. In that case, the law enforcement agency cannot deny requesters access to the record.
Indiana Arrest Statistics
In 2023, Indiana law enforcement agencies reported 129,202 arrest incidents to the National Incident-Based Reporting System. According to the FBI Uniform Crime Reporting (UCR) database, this included 1,902 juveniles and 119,299 adults, of which 91,949 were males and 37,103 were females. Within this period, drug-related arrests were the most prevalent incidents, accounting for 16.9% of arrests. Additionally, there were also high numbers of simple assaults (16,474) and DUI (15,240) arrests. Indiana's 2023 arrests are 10.5% higher than the 2022 figure of 116,971.
Find Public Arrest Records in Indiana
To find a public arrest record in Indiana, inquirers may need to contact the arresting agency in the jurisdiction where the arrest occurred. Juvenile arrest records, for example, may be obtained through local police departments. However, these records are usually exempt from public disclosure, and Inquirers may be required to complete a fingerprint analysis before their requests are processed.
On the other hand, the arrest records of persons 18 years or older may be accessible through the Indiana State Police. In this case, the requester should request a criminal history check, as criminal information encompasses arrest history. However, full criminal histories can only be requested by the registrant.
Summarily, arrests are executed by the arresting officer and the agency that receives the arrest warrant from the court and executes it. This may be the Office of the Indiana State Police or county sheriff's offices.
Inquirers may access arrest records in person, by mail, by filling out a request form, or online. For in-person queries, the requester may be required to make an appointment with the custodian agency. Requesters may mail a request form to:
Indiana State Police Criminal History Limited Check
P.O. Box 6188,
Indianapolis,
IN 46206-6188
It is worth noting that certain records categorized by APRA under non-disclosable public records are exempted and redacted from public perusal. Access to these records typically requires the inquirer to provide a subpoena. A subpoena (also known as Subpoena Duces Tecum) is a court order that requires the presence of an entity in court to testify or provide relevant records to a trial under their control. Interested persons may check the requirements for an arrest subpoena through the particular agency maintaining the record. Requests for a subpoena form can be made at local courts in the state or through the local sheriff.
How to Look Up Arrest Records Online in Indiana
Inquirers may look up Indiana arrest records online through any of the Criminal History Records databases provided by the Indiana State Police or the county sheriff's records division. Felonies and misdemeanor arrest records, for instance, may be accessible through a Limited Criminal History (LCH) search.
The results from all searches carried out on the ISP Limited Criminal History service are acknowledged by the State as official documents. Hence, the service disallows users from saving or sending the results to another entity for reference later. The information provided in the search results is the official record as of the time the search was performed.
Most county sheriff's offices do not have an online database for viewing arrest records. Hence, inquirers may need to visit their office to find these records. If needed, an arrest record search may be performed with the arrestee's full name, birth date, Social Security Number, and place of birth.
Alternatively, inquirers may use the services of third-party aggregate sites to look up Indiana arrest records for a nominal fee. Due to their centralized system, the record retrieval process is expedited.
What is Included in Indiana Arrest Records?
An Indiana arrest record typically contains information about an offender's apprehension by a law enforcement agency.
Inquirers may find the following information in an Indiana arrest record:
- Offender's identification details (such as their full name, date of birth, social security number, and race)
- Offender's physical description: This includes gender, race, photograph, weight, hair color, and height, including distinctive features such as tattoos
- Arrest data and booking details (including arresting agency, date of arrest, mugshot, court date, bail, date, criminal charges filed, location of area, date, and time of booking)
- Final judicial disposition data submitted by a criminal justice agency, police, or court
- Data of the judge who issued a warrant or verdict
- Crime classification, for example, if the offender was arrested for a felony or misdemeanor
- Custodial information, for example, if the offender was detained in a correctional facility.
- Law enforcement interrogation details.
How Long Do Arrests Stay on Your Record in Indiana
In Indiana, arrest records and criminal histories are maintained in a secure state-operated database until their subjects are 99 years old. However, these records are expunged if the arrestee does not have another criminal record against them in the preceding 15 years.
Expunge an Arrest Record in Indiana
Under certain circumstances, arrestees or convicts may request the restriction or expungement of their arrest records. Expunged or restricted arrest records will not be accessible during criminal history checks by non-criminal justice organizations or individuals.
Per Indiana Code 35-38-5-5.5, arrest record restriction or expungement may be available to an individual who has been:
- Arrested for an offense that did not result in criminal charges
- Apprehended for a violation that results in a dismissal
- Accused of a crime(s) and later acquitted of all criminal charges
- Convicted of a violation, and a court later vacates the judgment.
Indiana Code 35-38-8-1 is equally available to a person who:
- Has been convicted of a class A misdemeanor or class D felony (which did not result in injury to another person)
- Files a petition to restrict disclosure at least eight (8) years after completing the sentence and all obligations associated with that offense
- Has had no felony offenses charged since the completion of all of the obligations
- associated with the crime(s) for which Petitioner is seeking restricted disclosure; and
- Is not a sex or violent offender.
How To Request Restricted Disclosure Of An Indiana Arrest Record:
- Choose the applicable petition and provide all of the information requested
- There should be a separate petition for each arrest record for which an individual wants disclosure restricted
- After the petition is complete, the petitioner should file it in the court where the case was originally charged
- If there was an arrest but no criminal charge filed, the completed petition should be taken to the County Clerk's Office
- The person filing the petition to restrict disclosure is required to also provide the applicable order and six (6) stamped envelopes addressed to the petitioner and the agencies or organizations that will be receiving the order from the court.
A petition for expungement or sealing of an arrest record or criminal history can be filed with a local court (pro se) or by private legal counsel.
The petition should contain:
- The date of the arrest
- The county in which the arrest occurred
- The arresting law enforcement agency or officer
- The court where the criminal charge or juvenile delinquency allegation was filed.
- Any other known identifying information, such as:
- The name of the arresting officer
- Case number or court case number
- Any aliases or other names used by the petitioner
- The petitioner's driver's license number
- A list of each criminal charge and its disposition, if applicable
- The date of the petitioner's birth
- The petitioner's Social Security number.
An individual who files a petition is exempt from paying a filing fee. The court shall serve a copy of the petition on the prosecuting attorney.
Once an expungement/seal is granted, the local court forwards the verified petition and orders granting the petition to the Indiana State Police Expungement Section for processing. If all required paperwork is not submitted, the processing of an expungement will be delayed.
Members of the public may contact the ISP Expungement Department via email at Expungement@isp.IN.gov or by telephone at (317) 234-4427.
However, expungement does not mean that one's record or log is completely erased from the criminal history. In selected cases, criminal justice organizations will continue to have access to these records. Furthermore, the arrest records may be sealed from the public and subpoenaed by interested and eligible persons.
How Do I Find Recent Arrests in Indiana?
Anyone seeking to find recent arrests in Indiana may query the arresting officer or agency. In Indiana, this typically refers to the local police department or the county sheriff's office of the judicial district where the arrest occurred.
Are Indiana Arrest Records Free?
In Indiana, county sheriffs maintain and provide arrest records to citizens at no cost. However, requesters may be required to pay a nominal fee to make copies of these records. In selected cases, inquirers may be eligible for a waiver provided they satisfy the state's eligibility requirements.
