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Indiana Arrest Records
Indiana Arrest Records
Indiana arrest records are public documents containing information about arrests within state limits and the moments leading up to them. State law enforcement agencies are responsible for creating and maintaining arrest records. These records are created whenever an individual is arrested and taken into custody despite the alleged crime.
Although arrest records are often considered part of criminal records, an arrest record can not serve as definite evidence that an individual committed a crime. This is because not every arrest leads to a criminal conviction. However, details of an arrest provided in an arrest report can be used by a prosecutor during a criminal trial. In Indiana, an arrest record is part of an individual's Indiana criminal record, and the state allows these records to be deleted if certain conditions are met.
Indiana Arrest Statistics
Every year, the Federal Bureau of Investigation's Uniform Crime Reporting (UCR) program complies records of arrests made by law enforcement agencies in every state in the country. The program documents every instance an individual gets arrested, cited, or summoned for an offense.
According to 2019 UCR statistics, 76,675 arrests were made by local law enforcement agencies in Indiana. The majority of these arrests were on adults, totaling about 71,464 arrests, and 5,211 were juvenile arrests.
The 2019 UCR statistics were further broken into categories of offenses committed. 3,235 arrests were made for violent crimes, which included 332 for robbery, 90 for rape, and 71 for murder and nonnegligent manslaughter. According to 2019 UCR statistics, drug abuse violation was found to be the leading cause of arrest in Indiana, with 15,134 arrests made.
What is an Arrest Record in Indiana?
When an arrest occurs, the arresting officer will create a written report. This report is referred to as an "arrest report," It provides details of the arrest, the arrestee, the alleged crime, and events that led to the arrest.
An individual caught or suspected of committing an offense under the state Criminal Law and Procedure act can be arrested by law enforcement agencies. The arrestee may be detained and made to stand trial for the crime.
What is Contained in an Arrest Record?
In an arrest record, details of an individual's apprehension by law enforcement agents are taken into written account. Thus, the following information is provided in an arrest record:
- Personal information: The arrestee's full name, age, current address, social security number, and other contact information of the arrestee.
- Physical description: This includes the arrestee's gender, race, photograph, weight, hair color, height, and other unique features such as scars or tattoos.
- Crime Classification indicates if the alleged crime is a misdemeanor or a felony.
- Arrest details and booking information: this includes the arrestee's mugshot, fingerprint, criminal charges filed, court date, bail, date, and location of the arrest, date and time of booking,
- Police interrogation details
Are Arrest Records Public in Indiana?
Yes, Under the Indiana Access to Public Record Act (APRA), state residents are granted access to public arrest records, and they can request to examine these records. Inquiries regarding public arrest records can be made at the Sheriff's department in each county. Some local law enforcement agencies provide online arrest search portals to enable easy access to the public arrest record. However, law enforcement agencies may restrict access to certain arrest records if they are part of an ongoing criminal investigation or for several other reasons.
Who Can Access Arrest Records?
When arrest records are generated by local law enforcement agencies, these records are automatically subjected to the state Access to Public Record Act (APRA). The APRA grants the general public access to these records, including landlords, law enforcement agencies, prosecutors, legal advisers, attorneys, third-party agencies, employers, and other interested third parties. However, Some arrest records may be restricted from public disclosure according to Indiana Code 35-38-5-5.5, Code 35-38-8-1 through 7, and federal exemption law. These arrest records include:
- Arrests that result in arrestees not being charged for the offense for which they were arrested.
- Arrest record of individuals arrested for offenses but later dismissed.
- Records of an arrest that led to the arrestee being charged with a crime and was later acquitted of all criminal charges.
- Arrest records of individuals who were convicted of offenses that were later vacated.
- Records of arrests that led to class A misdemeanors or class D felony convictions; provided another person was not injured when the offense was committed.
- An arrest record that led to sentencing after eight years of the sentence being served; provided the arrestees have completed all obligations of the sentence related to the arrest record.
- Arrest records that led to no felony offenses being charged since the completion of the arrest's obligations
- Arrest record of non-violent or non-sexual offenses.
- Confidential juvenile arrest records that can only be released to particular persons involved with a juvenile court which includes judges and parties of a proceeding.
How Do I Lookup Someone's Arrest Records in Indiana?
In Indiana, arrests record of felonies and misdemeanor offenses can be obtained through a Limited Criminal History (LCH) search. The Indiana State Police LCH request portal can be used to look up someone's LCH report easily online. LCH searches are done by providing a subject's name, date of birth, race, and gender. In some cases, the subject's Social Security Number and place of birth would also need to be provided.
The inquirer would be charged per record received. These fees can be paid on a subscription basis at $15 per record or by credit card at $16.32 per record. Alternatively, an LCH request form can be used to query the Indiana state police for an offender's LCH reports. The request form, along with a money order addressed to the State of Indiana, can be submitted in person or by mail at:
Indiana State Police
Criminal History Limited Check,
P.O. Box 6188, Indianapolis, IN 46206-6188
LCH reports can only be used to obtain an individual local arrest record of misdemeanor and felony offenses. An individual state and national criminal history report can only be accessed by the accord holders themselves or when subpoenaed.
Local Police Departments and County Sheriff's Offices also maintain a paper record of arrests made within their jurisdictions. An inquirer would need to contact these agencies to request arrest records if needed.
Juvenile arrest records are confidential and can not be accessed by the general public. However, arrest records of juveniles alleged to have committed a crime as adults can be accessed by the public. These juvenile records can be obtained by visiting a local police department. The inquirer would have their fingerprint taken and sent along with a $10 money order (addressed to the Indiana State Police) to the Indiana State Police (check the above address).
How to Subpoena Arrest Records in Indiana
The Indiana Department of State Revenue (DOR) manages and responds to public records requests, subpoenas, court orders, and other requests for legal disclosure per Indiana's Access to Public Records Act (APRA). Per APRA, state residents have the right to access information regarding arrests, public records, and the official acts of public officials. The statute also states that government officials are responsible for providing the information when requested.
In Indiana, public records fall into two significant categories disclosable and non-disclosable records. Members of the public have the right to access disclosable records under APRA, while non-disclosable records are non-APRA records, and these records can be redacted or blocked out from the public.
A subpoena is required when an individual requires access to restricted or non-APRA records held by a law enforcement agency that may be needed for law enforcement or judicial purposes. A subpoena (also known as Subpoena Duces Tecum) is a court order demanding an entity to appear in court to testify or provide documents and records under their control that are relevant to a trial.
A subpoena can require a DOR employee to do several things, including testifying at a trial or producing records that are relevant to a legal matter. The DOR may decide to block or cancel a subpoena under certain circumstances when the requesting party asks for privileged or confidential information and does not allow enough time to respond to submitted subpoenas. Typically, the DOR requires at least 30 to 60 days to respond.
A subpoena form can be requested at local courts in the state. After properly being filled, a subpoena form can be submitted to the DOR in person, by email at PublicRecordsRequests@dor.in.gov, or by mail at:
Indiana Department of Revenue
Legal Division, MS 102
N. Senate Avenue, Room N248
Indianapolis, IN 46204-2243
Fax: Legal Division – Legal Services section
How to Search for an Inmate in the Indiana Prison System
In Indiana, the State Department of Correction (IDOC) is responsible for the operation of the Indiana prison system, which is comprised of adult correctional facilities, juvenile correctional facilities, and work release centers. These facilities were established to confine and rehabilitate detainees serving a sentence or pending their trial/judgment for a particular period.
Records of inmates within the Indiana prison system can be searched and accessed through the Offender Database provided by the IDOC. An inquirer would need to provide the inmate's first name, last name, or DOC number to find the inmate's records using the offender database. An inquirer may provide all three parameters to narrow search results. The search result gotten from this database would include an inmate's:
- Full name
- Date of birth
- DOC number
- Current location
- The name of the inmate's holding facility
Complaints regarding the accuracy of information gotten from the offender searcher database can be sent in writing to the IDCO at:
Indiana Department of Correction
302 West Washington Street
IGCS, Room E334
Indianapolis, IN 46204
Sheriff offices in Indiana also provide inmate records of county jails. An inquirer can call or visit the Sheriff's office in charge of a local country jail to request an inmate record.
However, juvenile inmate records are not included in the IDCO Offender Database. Non-confidential documents of juvenile inmates can be searched through the inmate search portals on websites of juvenile correctional facilities or contact the facilities.
How Do I Find Out if Someone Was in Jail in Indiana
The Indiana Department of Correction offender database only provides information on inmates currently incarcerated. A central database for past inmates in Indiana is not maintained. As such, inquiries on past inmates can be made by querying the IDCO or country sheriff's offices and police departments with applicable jurisdictions.
How Long Do Indiana Arrest Records Stay on File?
In Indiana, arrest records maintained by local law enforcement agencies are eligible for deletion after 99 years of the record's creation. The subject of these records would be reviewed, and if it is found that no serious crimes have been committed within the past 20 years, the relevant arrest record would be deleted.
What is the Difference Between an Arrest Record and an Arrest Warrant?
The primary difference between an arrest record and an arrest warrant is what these legal documents are used for and what they can accomplish. While an arrest record provides details of an arrest, an arrest warrant allows law enforcement agents to perform a lawful arrest.
The sources of each of these legal documents are also different. Law enforcement agencies create an arrest record in the event of an arrest, and these records are also maintained and disseminated by these law enforcement agencies. On the other hand, an arrest warrant is issued by a judge. A law enforcement agent or district attorney would need to provide enough evidence to convince a judge of the need for an arrest warrant. Provided the judge is convicted, an arrest warrant would be issued. In most cases, information obtained from formal arrest records can be used as evidence to obtain an arrest warrant.
What is the Difference Between an Arrest Record and a Criminal Record?
Although an arrest record is often considered a criminal record in Indiana, arrest records are merely parts of an individual criminal record. An arrest record can only provide details of an arrest when an individual is taken into custody on suspicion of committing an offense. An arrest record is not definite proof that an individual committed a crime. Hence, an arrestee may not be found guilty in a criminal proceeding.
On the other hand, a criminal record contains the complete criminal history of an individual. These records are created when an individual is charged with a criminal offense. An offender's fingerprint, mugshot, convictions, sentences, arrests, indictments, and dispositions are all available in their criminal record. A criminal record provides a comprehensive history of an individual's interactions with Indiana law enforcement agencies.
How to Obtain Arrest Records for Free in Indiana?
In Indiana, Sheriff Departments within counties dispense arrest records to state residents for free when requested. However, inquirers may need to pay fees to duplicate the copies of these arrest records. Some of these agencies also provide online search portals for easy access to arrest records on their official websites.
How to Search for a Indiana Arrest Record Online Using a Third-Party Search Service
Sometimes, using law enforcement agencies' databases or simply requesting paper arrest records from these governments agencies can be challenging and time-consuming. In this case, third-party sites can be used to obtain arrest records online at a swifter pace and with less processing time.
To obtain Indiana arrest records through third-party sites, an inquirer would have to navigate to any third-party site that provides these search services and input the record owner's first name, last name, and city in the search input fields. However, these third-party sites may require a one-time service fee or monthly subscription fees.
What Can I Do if My Arrest Record Has a Mistake?
In Indiana, when individuals find incomplete or inaccurate information on their arrest record, these mistakes can be challenged through the Indiana State Police Criminal Justice Services Section. However, an applicant would need an Indiana fingerprint-based full criminal history report to begin this process. This report can be gotten be through an online fingerprinting appointment request. This online portal is used to set up an appointment at fingerprinting service centers in Indiana.
Fingerprinting service centers are responsible for taking and electronically sending applicants' fingerprints for processing to the Indiana state police (ISP). This electronic fingerprinting service is a product of the Criminal Justice Information Services (CJIS) partnership with IDEMIA. The main objective of this partnership is to provide electronic applicant fingerprinting to meet the needs of Indiana residents. The following steps can be followed to request a fingerprinting appointment online:
- Visit the IdentGO page and click on the "Online Scheduling" link.
- Select a language( English or Spanish).
- Input your first and last name in the required input fields
- Click on the down arrow icon, select "Criminal Record Review Challenge", and click "GO"
- Enter your zip code. Once a zip code has been entered, the applicant would be provided with different centers and times available for scheduling their fingerprinting appointment. Finally, the applicant must follow the subsequent prompts to finalize the request process.
- Using these services would require payment. Payments can be made electronically by credit or debit when scheduling or by cashier check or money order at the fingerprinting service center.
Once the process has been completed, the applicant would either receive a copy of their criminal record transcript or a No Record Letter. A criminal record transcript and any court documents that support any claims to challenge mistakes on an individual's arrest record can be used to correct mistakes. To correct any error, both of these documents should be submitted at:
Indiana State Police CJIS Section
Indiana Government Center North
100 N. Senate Avenue
Indianapolis, IN 46204
Phone: (317) 232-8262
How to Expunge Arrest Records in Indiana
A common misconception many individuals believe is that expunging arrest records completely erases these records. Contrary to this misconception, expungement can not wholly erase logs. In some cases, the records are sealed from the public, and in other cases, records can be subpoenaed by members of the public. Arrest records classified as 'expunged' can still exist and are used for law enforcement purposes. In Indiana, the expungement of criminal records is also known as second chance law.
Individuals with criminal records, including arrest records, can request their records to be sealed or expunged. One method of deleting records is to file a petition with a local court with jurisdiction. This petition can be filed by the subject of the record or by their private legal counsel under Indiana Code § 35-38-9-1. This applies only to persons who have been arrested, charged with an offense, or alleged to be a delinquent child, if:
- The arrest did not result in a conviction or juvenile delinquency allegation.
- The arrest resulted in a conviction or juvenile adjudication, and the conviction was vacated on appeal.
- The person is currently free from any pretrial diversion program.
A petition for expungement of records must be verified and filed in the court in which any charges were filed. This local court would have to be located in the county where the arrest occurred. To get approval from a judge, the petitioner must provide:
- The date of arrest, the county where the arrest occurred
- The name of the law enforcement agency of the arresting officer, if known;
- The name of the court in which the criminal charges or juvenile delinquency allegation was filed, if applicable;
For expungement of arrest records that did not lead to a criminal conviction, a non-conviction petition order may be filed. A conviction petition order can be filed when the arrest leads to a criminal conviction.
Court records that have been granted an expungement must be sealed. Once a seal is granted, the verified petition and order granting the petition are taken to the local court's Indiana State Police Expungement Section for processing.
The filing fee in some cases is equal to a court's civil filing fee, which is currently $156 for most courts. The court may reduce the price if the person is indigent. There is no filing fee for a petition of expungement of records in which no conviction was made.