Hon. Bob A. Witham, Judge
1215 Race Suite 220
New Castle, In, 47362
(765) 599-2497 (Fax)
Restricted Disclosure of Arrests or Convictions
Under I.C. 35-38-5-5.5 or I.C. 34-38-8 et seq.
What is restricted disclosure?
Under certain circumstances, individuals who have been arrested and/or convicted of certain crimes in the past may have the release of information about those crimes restricted. Any case that has been restricted will not show up on a criminal history check by noncriminal justice organizations or individuals. The restricted case is not expunged (erased) from the criminal history, it is just not available to the requesting noncriminal organization or individual. However, sometimes, the requesting party may petition a court to release the restricted criminal history. Criminal Justice organizations will continue to have access to these records.
Who is eligible to have past criminal cases restricted from a criminal history check?
Indiana Code 35-38-5-5.5 may be available to a person who has been:
- arrested for an offense that was not charged; or
- arrested for an offense that was later dismissed; or
- charged with a crime(s) and later acquitted of all criminal charges; or
- convicted of an offense and the conviction was later vacated.
Indiana Code 35-38-8-1 through 7 is available to a person who :
- Has been convicted of a class A misdemeanor or class D felony that did not result in injury to another person; and
- Files the petition to restrict disclosure at least eight (8) years after the date the person’s sentence was complete and all obligations associated with that sentence have been satisfied; and
- 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 a criminal case.
- Select the applicable petition and provide all of the information requested.
Failure to complete all of the petition may result in the request being denied by the court.
- A separate petition must be completed for each case for which an individual wants disclosure restricted.
- After the petition is complete, it must be filed in the court where the case was originally charged.
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