Sealing Part of Juvenile Record

Thanks to some researchers at the Juvenile Law Center in Pennsylvania who are working on an expungement project, I reviewed a part of the Indiana Code into which I had never ventured before and discovered that there is a statute about automatically sealing part of a juvenile record at age 22 under certain circumstances.  “The department” referred to is the Indiana State Police (IC 10-13-1-2).

IC 10-13-4-13  Sealing juvenile history data
 (a) When a person who is the subject of juvenile history data on file with the department becomes twenty-two (22) years of age, the department shall seal that person’s juvenile history data. However, this subsection does not apply if, after the department receives juvenile history data about a person, the person is arrested for a felony required to be reported to the department under IC 10-13-3.
(b) Except as provided under subsection (c), the department may not release to or allow inspection of sealed juvenile history data by any agency or person other than the person who is the subject of the juvenile history data.
(c) A court may not order the release or inspection of sealed juvenile history data unless the person who is the subject of the sealed juvenile history data challenges its existence during a court proceeding.

IC 10-13-4-4  “Juvenile history data”
 As used in this chapter, “juvenile history data” means information collected by criminal or juvenile justice agencies or individuals about a child who is alleged to have committed a reportable act and consists of the following:
(1) Descriptions and notations of events leading to the taking of the child into custody by a juvenile justice agency for a reportable act allegedly committed by the child.
(2) A petition alleging that the child is a delinquent child.
(3) Dispositional decrees concerning the child that are entered under IC 31-37-19 (or IC 31-6-4-15.9 before its repeal).
(4) The findings of a court determined after a hearing is held under IC 31-37-20-2 or IC 31-37-20-3 (or IC 31-6-4-19(h) or IC 31-6-4-19(i) before their repeal) concerning the child.
(5) Information:
(A) regarding a child who has been adjudicated a delinquent child for committing an act that would be an offense described in IC 11-8-8-5 if committed by an adult; and
(B) that is obtained through sex or violent offender registration under IC 11-8-8.

This does not effect the court’s record, which cannot be sealed under Indiana law, but could be expunged pursuant to IC 31-39-8.

This entry was posted in Collateral Consequences, Disposition and tagged , , , . Bookmark the permalink.

One Response to Sealing Part of Juvenile Record

  1. Pingback: Expunging a Juvenile Record | Indiana Juvenile Justice Blog

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