Indiana Court Records

The Indiana court system is structured into two primary levels: trial courts and appellate courts. These courts process approximately 1.2 million cases every year.

The trial courts comprise the circuit courts, superior courts, and city and town courts. Circuit courts are the primary trial courts, handling a wide range of cases, including civil, criminal, family, and probate matters. They serve as the backbone of the state's judicial system, addressing the majority of legal disputes. Superior courts have general jurisdiction and may handle any case that a circuit court can. They often deal with specialized cases such as small claims, traffic violations, and misdemeanors, ensuring that more localized and specific legal issues are addressed efficiently. City and town courts handle minor offenses, ordinance violations, and small claims within their respective municipalities, serving justice at the local level.

In addition to these trial courts, Marion County has a dedicated small claims court that specifically handles small claims cases. This court provides a streamlined process for resolving disputes involving smaller monetary amounts, making justice more accessible to the residents of Marion County.

The appellate courts in Indiana include the Indiana Supreme Court, the court of appeals, and the tax court. As the highest court in the state, the Indiana Supreme Court oversees legal interpretations and administrative functions. It has discretionary jurisdiction over most appeals but must hear cases involving the death penalty, attorney discipline, and constitutional challenges. The court of appeals is an intermediate appellate court that reviews most trial court decisions, providing a second level of judicial review. The tax court specializes in tax-related disputes, handling appeals from the Indiana Department of State Revenue and the Indiana Board of Tax Review, ensuring that tax laws are applied fairly and consistently.

What Are the Types of Court Records In Indiana?

The records filed and generated in each Indiana court are maintained by the clerk in that court. Court clerks are the official custodians of court records in the Indiana court system. Besides filings, court records may be generated during proceedings via various legal actions.

The following are the types of records maintained in each court in Indiana:

• Indiana Supreme Court
• Opinions and Rulings: Final decisions on cases reviewed by the Supreme Court.
• Case Dockets: A list of filings, motions, and actions in cases before the Supreme Court.
• Disciplinary Records: Proceedings related to attorney and judicial misconduct.
• Administrative Orders: Policy decisions and rule changes affecting state courts.
• Petitions for Review: Requests for the Supreme Court to hear cases from lower courts.
• Indiana Court of Appeals
• Appellate Case Dockets: Details of cases filed for appeal, including motions and decisions.
• Court Opinions: Written legal decisions that interpret state laws.
• Motions and Briefs: Legal arguments presented by parties in appellate cases.
• Oral Argument Transcripts: Verbatim records of spoken arguments presented before appellate judges.
• Indiana Tax Court
• Tax Dispute Records: Filings related to property tax appeals, income tax disputes, and corporate tax cases.
• Court Opinions: Legal interpretations and rulings on tax-related matters.
• Indiana Circuit and Superior Court
• Criminal Case Records: Felony and misdemeanor case files, including indictments, plea agreements, sentencing, and court orders.
• Civil Case Records: Lawsuits, contract disputes, and judgments in civil litigation.
• Family Law Records: Divorce decrees, child custody orders, and child support rulings.
• Personal Injury and Property Dispute Records: Cases involving negligence claims and real estate conflicts.
• Probate and Estate Records: Wills, estate administration, and guardianship cases.
• Protective Orders: Restraining orders for domestic violence or harassment cases.
• Marion County Small Claims Court
• Small Claims Case Records: Lawsuits involving debts, property damage, or contract disputes.
• Eviction Records: Landlord-tenant disputes, rental non-payment cases, and court-issued possession orders.
• City and Town Courts
• Misdemeanor and Infraction Records: Minor criminal offenses, local ordinance violations, and traffic infractions within municipal boundaries.
• Traffic Violation Records: Speeding tickets, reckless driving, seatbelt violations, and other motor vehicle infractions.
• City/Town Ordinance Violation Records: Code enforcement cases such as curfew violations, noise complaints, and zoning issues.
• Small Claims Records (if jurisdiction granted): Some city/town courts may handle small claims cases within statutory limits.
• Initial Hearings and Bail Records: These may include initial appearance records for offenses that are later transferred to higher courts.

Are Indiana Court Records Public?

Court records in Indiana are generally considered open for public access. Although the Indiana Access to Public Records Act is the law providing public access to records of government bodies in the state, the Indiana Administrative Rule 9 and the Access to Court Record Rules specifically express the general premise that records are publicly accessible unless explicitly excluded from access.

While the presumption is that court records are accessible, certain information is excluded from public access to protect privacy and other interests. According to Indiana Code §5-14-3-4(a)(8), records may be exempt from public access if they have been declared confidential by state statute or rule or sealed by court order. Examples of exempted court records include juvenile records, adoption proceedings, certain mental health records, and victim information in specific cases.

Indiana courts may seal some court records in order to protect the privacy of the individuals involved or to ensure the safety of parties, especially in cases related to domestic threats and violence. The state courts typically consider sealing its records when the benefits of confidentiality outweigh the public's right to access.

How Do I Search Indiana Court Records?

You may search Indiana court records online via the Odyssey Case Management System. This system is a statewide repository for court case information, including criminal, civil, small claims cases, traffic, family, probate, appellate, and commercial cases. To start, visit the mycase.IN.gov website. Choose from the search options (by party name, case number, or attorney information) and select the court and case type to perform the search. The system has an advanced search option that lets users choose the case status (all, open, or closed) and the estimated filing date range to obtain a more precise search result.

How to Retrieve Court Records Offline

Some court records may be accessed online with the state, but not all counties have full electronic records online. If the record you want is not available online or you prefer certified copies of court records in Indiana, then you must visit the office of the clerk of the court maintaining the record in order to submit a request in person. Most clerks maintain both physical and digital case files and will help you locate the record you need once you provide relevant information, such as the full name of an involved party, the case number, the filing date, and the type of case. Note that you will be required to pay copying fees at the clerk's office.

Copying fees for court records in Indiana vary by jurisdiction. However, it typically ranges between $0.25 and $1 per page. Also, certification costs about $5 per document. The processing time for copying and certifying court records varies as well. Accessing or viewing a record is generally possible on the same day as the request, but it may take up to two weeks or more to obtain certified or older records.

Can I Seal or Expunge an Indiana Court Record?

Expungement in Indiana is the legal process of clearing your criminal record under Section 35-38-9 of the Indiana Code (also called the Second Chance Law). Records that may be expunged include:

• Cases that were diverted, dismissed, or resulted in acquittal
• Arrests that did not lead to charges or convictions
• Misdemeanors
• A Class D or Level 6 felony not involving bodily injury
• A Class A, B, or C felony without serious bodily injury and Class D felonies involving bodily injury
• Some felonies involving serious bodily injury

Once a record has been expunged under the Second Chance Law, the public can no longer view the record (for misdemeanors and most D/Level 6 felonies). Also, landlords, employers, and most agencies are not allowed to access the record. Generally, you may say that you have not been arrested or convicted, with some exceptions for professional licensing. However, if a Class A, B, or C felony (and some D felonies) was the record expunged, it will still be visible on public records but marked expunged.

Sealing in Indiana is what happens to an expunged record. When a record is expunged, it is sealed from public access and online court records such as mycase.IN.gov. Hence, sealing is a feature of expungement in Indiana and not a separate process.

Note that some felonies cannot be expunged in Indiana. These include crimes involving:

• Perjury
• Sex crimes
• Human trafficking
• Loss of life
• Official misconduct
• Two or more offenses with the use of a deadly weapon
• Records related to a conviction for any of the offenses listed under IC 35-38-9-5(b)

Before you may file for expungement in Indian, you must have no criminal charges currently pending against you, completed all diversion program requirements, and have waited out the required number of years. The following are the typical number of years individuals must wait to apply for an expungement:

• Misdemeanors: Five years
• Level 6 Felony: Eight years
• More serious felonies: 10+ years and prosecutor consent.

You may apply for expungement in the following ways:

• Obtain the necessary forms: Go to the court where your case was handled and request an expungement petition form from the court clerk. Some courts may provide the form online through their website. On the petition, list all eligible offenses. If your offenses occurred in multiple Indiana counties, you must file separate petitions in each county and submit all petitions within one year.
• Gather Required Documentation: Collect any necessary documents, such as court records, police reports, or sentencing details, to support your petition. Keep copies of all paperwork for your personal records.
• File Your Petition and Pay the Fee: Submit your petition and supporting documents to the court clerk in the county where you were charged. Expungement of convictions requires a filing fee of $156, though this may vary based on your case. Note that expungement for arrests and non-convictions is free. You may be able to file an expungement petition online via the Indiana e-filing resource.
• Request a Fee Waiver (If Needed): If you cannot afford the filing fee, you may request a fee waiver by filing a petition as an indigent person. The waiver form is available through the Indiana Judicial Branch website or the Indiana Coalition for Court Access. Submit the fee waiver petition to the clerk, and the judge will determine if you qualify.
• Wait for the Court Decision: A hearing will be scheduled only if the prosecuting attorney objects to your expungement request. If there is no objection, the court will notify you once the judge has made a decision.

You may request expungement for a non-conviction, such as an arrest that did not lead to a conviction, as often as needed. However, expungement for a conviction is permitted only once in a lifetime.

How To Search Federal Court Records in Indiana

The United States District Courts for the Northern and Southern Districts of Indiana are two federal courts in Indiana. These courts handle disputes between parties involving federal laws or the United States Constitution, violations of federal criminal laws, cases related to maritime activities, cases involving the interpretation of the federal statutes or treaties, and bankruptcy cases.

Anyone may obtain federal court records in the following ways:

• Online (PACER): The Public Access to Court Electronic Records (PACER) system allows you to search and locate federal court cases and docket information. You can register for a PACER account and search for cases by case number, party name, or attorney name. PACER charges $0.10 per page, with a maximum charge of $3.00 per document.
• Offline: You can visit the courthouse where the case was filed to request access to case files. The clerk's office can assist in locating and retrieving the documents you need.

How To Get Indiana Court Records Online for Free?

The public may access Indiana court records online for free via the mycase.IN.gov portal. Users will need to provide a party name, case number, or attorney information to find a criminal, civil, family, small claims case, probate, traffic, and appellate case record. Alternatively, since court records are public records, you may also access Indiana court records online for free from third-party online databases, such as peoplerecords.us.