2006 Indiana Code - CHAPTER 8. EXPUNGEMENT OF RECORDS CONCERNING DELINQUENT CHILD OR CHILD IN NEED OF SERVICES

IC 31-39-8
     Chapter 8. Expungement of Records Concerning Delinquent Child or Child in Need of Services

IC 31-39-8-1
Application of chapter
    31-39-8-1 Sec. 1. This chapter applies only to records created as a result of allegations that a child is a delinquent child or a child in need of services.
As added by P.L.1-1997, SEC.22.

IC 31-39-8-2
Standing
    31-39-8-2 Sec. 2. Any person may petition a juvenile court at any time to remove from:
        (1) the court's files;
        (2) the files of law enforcement agencies; and
        (3) the files of any other person who has provided services to a child under a court order;
those records pertaining to the person's involvement in juvenile court proceedings.
As added by P.L.1-1997, SEC.22.

IC 31-39-8-3
Factors considered
    31-39-8-3 Sec. 3. In considering whether to grant the petition, the juvenile court may review:
        (1) the best interests of the child;
        (2) the age of the person during the person's contact with the juvenile court or law enforcement agency;
        (3) the nature of any allegations;
        (4) whether there was an informal adjustment or an adjudication;
        (5) the disposition of the case;
        (6) the manner in which the person participated in any court ordered or supervised services;
        (7) the time during which the person has been without contact with the juvenile court or with any law enforcement agency;
        (8) whether the person acquired a criminal record; and
        (9) the person's current status.
As added by P.L.1-1997, SEC.22.

IC 31-39-8-4
Expungement of child abuse or neglect information
    31-39-8-4 Sec. 4. (a) Child abuse or neglect information may be expunged under this chapter if the probative value of the information is so doubtful as to outweigh the information's validity.
    (b) Child abuse or neglect information shall be expunged if the information is determined to be unsubstantiated after:
        (1) an investigation of a report of a child who may be a victim

of child abuse or neglect by the department of child services; or
        (2) a court proceeding.
As added by P.L.1-1997, SEC.22. Amended by P.L.234-2005, SEC.190.

IC 31-39-8-5
Expungement of records held by law enforcement agencies and persons providing treatment for child
    31-39-8-5 Sec. 5. If the court grants the expungement petition, the court shall order each law enforcement agency and each person who provided treatment for the child under an order of the court to send that person's records to the court.
As added by P.L.1-1997, SEC.22.

IC 31-39-8-6
Method of expungement
    31-39-8-6 Sec. 6. The records may be destroyed or given to the person to whom the records pertain.
As added by P.L.1-1997, SEC.22.

IC 31-39-8-7
Use of expunged records in civil action
    31-39-8-7 Sec. 7. If a person whose records are expunged brings an action that might be defended with the contents of the records, the defendant is presumed to have a complete defense to the action. For the plaintiff to recover, the plaintiff must show that the contents of the expunged records would not exonerate the defendant. The plaintiff may be required to state under oath whether the plaintiff had records in the juvenile justice system and whether those records were expunged. If the plaintiff denies the existence of the records, the defendant may prove the existence of the records in any manner compatible with the law of evidence.
As added by P.L.1-1997, SEC.22.