What defines a Criminal Record in Indiana?
A criminal record is defined as an official document that records a person’s criminal history. The information is assembled and updated from local, county and state jurisdictions, trial courts, courts of appeals as well as county and state correctional facilities. While the standard for criminal record collection and storage varies from county to county, a large percentage of Indiana criminal records are organized in online record depositories that are available to the public in the form of a Criminal Background Report. This report is accessed through a number of courts, police departments, and the official Indiana State Records Online Database.
The amount of criminal records information presented on StateRecords.org varies from individual to individual. This is because different sources often have non-standardized state level protocols, storage classifications, requirements, organization and digitization processes used in collecting information. Criminal records in the state of Indiana generally include the following subjects:
Indiana Arrest Records
An arrest record is an official document providing information about a person that is questioned, apprehended, taken into custody, or placed in detention. It may also include information on people who are held for investigation and/or charged with, indicted or tried for any felony, misdemeanor or any other offense by any law enforcement or military authority. Police officers may only arrest you if they have good reason to believe you have committed a crime. There are exceptions, but in general, they must either: have an arrest warrant for you or see you commit the crime. After your arrest, you will go through the booking process, which involves being fingerprinted and photographed and having your personal belongings confiscated. An officer will then take you to a holding cell.
Indiana Arrest Warrants
An arrest warrant is an official document signed and issued by a judge or magistrate on behalf of the local and state jurisdictions. It authorizes a police officer to arrest or detain the person or people named in the warrant or to search and seize the individual’s property. The law in the state of Indiana states that a person might get arrested with or without a warrant. A warrant must contain the defendant's name or, if it is unknown, a name or description by which the defendant is identified with reasonable certainty. It must also describe the offense charged in the complaint, command that the defendant is arrested and brought without unnecessary delay before a magistrate judge or, if none is reasonably available, before a state or local judicial officer, and be signed by a judge.
A misdemeanor is a non-indictable offense and is generally less severe than felonies. However, like felonies, a misdemeanor charge is classified as a number-based system designed to describe the severity of the alleged crime. Misdemeanors in Indiana are designated as class A, B, or C. A class A misdemeanor is the most serious type of misdemeanor, punishable by up to one year in jail and a fine of up to $5,000. Class B misdemeanors are punishable by up to 180 days in jail and a fine of up to $1,000. A class C misdemeanor is punishable by up to 60 days in jail and a fine of up to $500.
A felony offense is a criminal conviction with a maximum sentence of more than 1 year. It is served in a county jail or state prison. In some cases, a felony conviction can even be punished by death. In Indiana, a felony is any crime that carries a penalty of more than one year in prison. The system classifies felonies as Class A, B, C, or D.
A class A felony in Indiana is punishable by 20 to 50 years’ imprisonment and a fine of up to $10,000. Class D felonies are “wobblers,” crimes that are either a felony or a misdemeanor, depending on how the crime is charged and, sometimes, how the judge decides to treat a conviction. The other two classes of felonies are sentenced less the class A and more than class D.
Indiana Sex Offender Listing
A sex offender listing is a registry of persons convicted of committing a sex crime that is often accessible by the public. In most cases, jurisdictions compile their laws into sections, such as traffic, assault and sexual. Judges are given discretion as to whether they need registration for crimes besides the charges listed under the sex offender registration law
. A judge may order an adult to register as a sex offender if the crime the crime convicted involves sexual motivation.
Indiana Serious Traffic Violation
A serious traffic violation tends to involve willful disregard for public safety, death, serious bodily injury, damage to property and multiple minor traffic violations. Traffic ticket fines, surcharges, and court fees in Indiana vary by violation and county court. If you're convicted of a traffic violation, the Indiana Bureau of Motor Vehicles
will assign points to your driving record. The number of points you'll receive will depend on the severity of your traffic ticket. You can receive up to 8 points for a violation, and points stay on your driving record for 2 years.
Indiana Conviction Records
A conviction record is an official document providing information that a person was found guilty, pleaded guilty or pleaded no contest against criminal charges in a civilian or military court. These criminal charges may be classified as a felony, misdemeanor or other offense. Conviction includes a person judged as a delinquent or a person who has been less than honorably discharged or placed on probation, fined, imprisoned or paroled. A criminal conviction is rendered by either a jury of peers or a judge in a court of law. A conviction does not include a final judgment by a pardon, set aside, reversed or otherwise rendered inoperative.
Indiana Jail and Inmate Records
Jail and inmate records are official documents of information about a person’s current and sometimes past inmate status. A person who is in jail or considered an inmate is someone who has been deprived of his/her civil liberties while on trial for a crime, or while serving after being convicted of a crime. The Indiana Department of Corrections
maintains an inmate database that often includes information like the inmate’s name, incarceration date, expected release date, convicted offense and sometimes photos.
Indiana Parole Information
Parole is information about the provisional release of a prisoner who agrees to certain conditions before completion maximum sentence period. The parole board
may also adopt additional conditions to remaining on parole and need a parolee to satisfy one or more of these conditions. These conditions must be reasonably related to the parolee's successful reintegration into the community and not unduly restrictive of a fundamental right. As a condition of parole, the parole board may require that the parolee lives in a particular parole area. In determining a parolee’s residence requirement, the parole board must consider the residence of the parole before the parolee’s incarceration and the parole’s place of employment. The board must also assign the parole to live in the county where the parole resided before the parolee’s incarceration unless assignment on this basis would be detrimental to the parolee’s successful reintegration into the community.
Indiana Probation Records
Probation records are official documents that show when a person receives probation as an alternative to prison. Probation allows people convicted of a crime in Indiana to serve their sentences out of custody, as long as they follow probation conditions imposed by the judge and probation officer. It is typically issued in proportion to the crime, so the length and nature of probation will differ (sometimes drastically) from case to case. Probation typically falls into three categories: minimally supervised, supervised and intensive. Intensive probation is a form of very strict probation that emphasizes punishment and control of the offender within the community.
Indiana Juvenile Criminal Records
Indiana A juvenile criminal record is an official record of information about criminal activity committed by children or adolescents who are not yet of legal adult age. Juveniles are not convicted of a crime like an adult but instead are “adjudicated, delinquent”. These criminal records are often mistakenly believed to be erased or expunged once a person becomes of legal adult age, but in fact, the record remains unless the person petitions to have it expunged. If a person was found adjudicated delinquent to a criminal offense, they do not have to respond “yes” if asked whether they have ever been convicted of a crime, unless the question specifically asks if they were ever adjudicated delinquent as well.
Indiana History and Accuracy of Criminal Records
The accuracy of criminal records data depends on the recordkeeping and technological capabilities of the jurisdiction where the record was assembled and later digitized. Indiana criminal records archives usually tend to go back as far as the 1970s—which marked the earliest efforts to centralize and compile criminal and arrest data into an organized database much like we use today. Accuracy was more commonly affected by the human error in the past. However, in the 1990s, the quality and accuracy of record keeping improved exponentially due to computers. As a result, the information provided on StateRecords.org will vary from person to person.
Indiana Megan’s Law
Megan's Law is the term for state laws that create and keep up a sex offender registry, which provides information on registered sex offenders to the public. The first Megan's Law appeared after the rape and murder of 7-year-old New Jersey resident Megan Kanka by a sex offender who lived in the girl's own neighborhood. Soon after passage of this first Megan's Law, the federal government required all states set up sex offender registries
and offer the public with information about those registered.
In the state of Indiana, registration is mandated for the following offenses: rape, criminal deviate conduct, child molesting, child exploitation, vicarious sexual gratification, including performing sexual conduct in the presence of a minor, child solicitation, and child seduction.
Out of state offenders also need to register in Indiana, if they intend to stay in the state perimeter for at least seven (7) days (including part of a day) in Indiana during a 180-day period.