Indiana Criminal Records

An Indiana criminal record is an official compilation of information that details an individual's interactions with the state's criminal justice system. These records typically document arrests, warrants, court dispositions, sentencing outcomes, incarceration history, probation details, and other related matters. Recent crime data indicate that Indiana has a violent crime rate of 3.06 incidents per 1,000 residents, with an overall crime rate of approximately 18.50 per 1,000.

Local law enforcement agencies, trial courts, and other agencies, like the Indiana Department of Correction, all generate and maintain copies of documents that contribute to an individual's comprehensive criminal history. However, the Indiana State Police serves as the state's primary repository for criminal records and typically provides interested parties with access to this information upon request.

Are Criminal Records Public in Indiana?

Criminal records in Indiana are generally considered public records and may be readily accessed by interested members of the public in line with state laws, primarily the Indiana Access to Public Records Act. However, it is important to note that certain limitations exist regarding what information is publicly accessible. For instance, juvenile records are deemed confidential and may not be viewed or inspected by the public. Similarly, records that have been expunged by court order are also restricted from public access.

Sensitive information contained in a criminal record, such as details that could jeopardize ongoing criminal investigations, reveal the identity of confidential informants or undercover law enforcement officers, or disclose the personal information of sexual abuse victims, is also usually restricted Access to such information is limited to authorized parties, including law enforcement agencies and court officials.

How To Look Up Criminal Records in Indiana?

The Indiana State Police (ISP) is the central repository for Indiana's criminal records and provides access to these records through several methods:

• Limited Criminal History Checks: These are name-based checks that provide details on felony and misdemeanor arrests (within Indiana). Be aware that a limited criminal history check does not include information on arrests over one year old that still have a pending court disposition. Record requests may be submitted online (the creation of a user account is required for this option) or by completing and mailing a hard copy request form to the ISP (using the address provided at the bottom of the form). There is a $7 fee per request (online requests will include an additional processing fee of up to $9.32).
• National Criminal History Checks: These are comprehensive fingerprint-based checks that provide details on all reported arrests, charges, and dispositions in Indiana as well as other states and federal jurisdictions across the country. The ISP partners with a third-party vendor to provide electronic fingerprint submission services through authorized centers across the state. You may initiate a national criminal history check by scheduling a fingerprinting appointment online or calling toll-free number 1-877-472-6917 and submitting your prints to the ISP (through the center) for processing. The cost of a national criminal history check typically depends on the requester and ranges from $24.20 - $39.20 per request.
• Criminal Record Review/Challenge Requests: This option is available for individuals who wish to review and challenge their criminal records and involves a fingerprint-based check (which may be requested online or by calling 1-877-472-6917) that provides details on all reported arrests, charges, and dispositions within Indiana. There is a $22.95 per request for these checks, and individuals who subsequently wish to challenge any part of the provided records may do so by contacting the ISP's Criminal Justice Information Services Section at (317) 232-8262 or via email.

How To Search Indiana Arrest Records?

Indiana arrest records are primarily generated by local law enforcement agencies, including city police departments and county sheriff's offices, but may also be created at the state level by agencies authorized to make arrests (such as the Indiana State Police). An Indiana arrest record typically includes:

• The name, age, and physical description of the arrested individual
• The date, time, and location of the arrest
• The arresting agency and officer
• Details on the offense(s) leading to the arrest
• Booking details (such as the arrestee's mugshot and fingerprints)

To access an Indiana arrest record, you will typically need to contact the specific law enforcement agency that made the arrest. Many law enforcement agencies in Indiana offer online portals that may be used to request records; in situations where this is unavailable, you will typically need to contact the agency in person. The Indiana State Police also provides access to statewide records of misdemeanor and felony arrests over one year old that have received a court disposition, as well as misdemeanor and felony arrests less than a year old that still have pending outcomes. Note that fees apply.

How to Search Indiana Warrants?

A warrant in Indiana is a legal document that authorizes law enforcement to take specific actions, such as arresting an individual or searching a location. Warrants are typically issued by judges, and they are based on "probable cause" (meaning that there must be sufficient evidence to justify the action being authorized by the warrant). Several types of warrants are issued in Indiana, including:

• Arrest Warrants: Authorize the arrest of a person suspected of committing a crime.
• Search Warrants: These allow law enforcement officers to search a specified location for evidence.
• Bench Warrants: These are issued when someone fails to appear in court or violates a court order.

The procedure for issuing and executing warrants in Indiana is outlined in Title 35, Article 33 of the Indiana Code. Per this law, search warrants must be executed within 10 days of being issued. Bench warrants and arrest warrants issued for felony offenses typically remain valid indefinitely (until the warrant is executed or canceled), while misdemeanor arrest warrants are valid for 180 days but may be reissued after its expiration date. Active warrants also have to be revalidated every 30 days.

You can typically get warrant information in Indiana by contacting the relevant law enforcement agency (usually the police department or county sheriff's office in the jurisdiction where the warrant was issued). Many counties also offer online platforms that may be used to search for information on warrants issued within their respective jurisdictions. However, it should be noted that public access to information on active search arrest warrants is usually restricted.

Can I Obtain an Indiana Criminal History Record of Another Person?

You may obtain copies of another person's criminal history information in Indiana by performing a Limited Criminal History check through the Indiana State Police. You will typically need the person's name and date of birth to perform this search. Be aware that the generated report will only include records related to felony and misdemeanor arrests within the state.

Alternatively, you may obtain a more comprehensive criminal history report by requesting a fingerprint-based national check. These checks are typically used for employment and licensing purposes and provide details on all statewide and national arrests, charges, and dispositions involving the subject of the record, but they also require the person's active involvement (to submit their fingerprints).

Limited criminal history searches cost between $7 - $16.32, depending on your preferred request method, while fingerprint-based national checks cost between $24.20 and $39.20. Queries may be directed to the Indiana State Police at (317) 232-8262.

How To Expunge or Seal Indiana Criminal Records

Indiana law allows for the expungement of certain criminal records, effectively removing them from public view. The legal framework and eligibility criteria for this process are outlined in Section 35-38-9 of the Indiana Code. Per this law, individuals who wish to get their records expunged must meet several requirements, including:

• The record must be eligible for expungement. Certain offenses, such as sex offenses, violent felonies, and offenses resulting in serious bodily injury, cannot be expunged in Indiana.
• The individual must have completed their sentence and satisfied a specified waiting period. This can range from 5 to 10 years from the date of the conviction (or after the imposed sentence was completed), depending on the severity of the offense. Note that, in situations where there was no conviction following the arrest, there is still a mandatory one-year waiting period before the records of the arrest (and other related proceedings) may be expunged.
• The individual must not have any pending criminal charges or new convictions during the waiting period.

It is important to note that expungement in Indiana does not result in the deletion or destruction of the records. Instead, these records are "sealed" and may only be accessed by authorized parties, such as law enforcement agencies and courts, under specific circumstances. The expungement process typically involves filing a petition with the court that handled the case. The petition must include detailed information about the offense, the individual's criminal history, and evidence of rehabilitation. The court will then review the petition and may conduct a hearing before making a decision. If the expungement is granted, the court will issue an order directing the relevant agencies to remove the record from public access.

What Are the Limitations to Use of Criminal Records for Employment, Licensing, and Housing in Indiana?

The Fair Chance Act prohibits federal agencies and contractors in Indiana from inquiring about an applicant's criminal history until after a conditional job offer has been made. Additionally, guidance from the Equal Employment Opportunity Commission (EEOC) and the Department of Housing and Urban Development (HUD) restricts employers and landlords from implementing blanket policies that deny applicants with criminal records. Instead, they are advised to carry out individualized assessments (of these applicants) that consider the nature of the offense, the time elapsed since the offense, and its relevance to the job or housing.

Indiana generally follows these federal guidelines; as such, private employers may inquire about felony and misdemeanor convictions. However, they cannot ask about arrests that did not result in a conviction as well about expunged records. Licensing boards also have to consider whether a criminal conviction is directly related to the profession. Be aware that certain professions/industries, such as healthcare and education, may have stricter background check requirements for employment and/or licensing to ensure public safety. Likewise, housing providers are permitted under Section 22-9.5-5-1(c) of the Indiana Code to have blanket exclusions for individuals with certain drug-related convictions.

Can I Access Indiana Criminal Records for Free Online?

Several private websites offer online access to Indiana criminal records - some for free and others for a nominal fee. However, the accuracy and reliability of the information provided by many of these websites can vary. For the most reliable and current information, it is recommended to utilize official state resources provided by entities like the Indiana State Police and the Indiana Judicial Branch. You may also consider utilizing reputable third-party platforms like IndianaPublicRecords.us that aggregate data from these official sources and other trustworthy private databases.