Circuit Court 3

Hon. Bob A. Witham, Judge
1215 Race Suite 220
New Castle, In, 47362

(765) 521-2554
(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.

 

Indiana Courts Public Access

Attachments:
FileDescriptionFile size
Download this file (33S00-1108-MS-523.pdf)33S00-1108-MS-523.pdf33S00-1108-MS-523 Supreme Court Ruling184 Kb
Download this file (LR33-AR00-01.pdf)LR33-AR00-01.pdfAmended Local Rule LR33-AR00-0176 Kb
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New Castle, IN 47362

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New Castle, IN 47362

Henry County Office Building

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New Castle, In 47362