Sec. 15. (a) This subsection does not apply to a person whose prosecution for an infraction is deferred under section 1 of this chapter. If a person alleged to have violated a statute defining an infraction:

(1) is not prosecuted or if the action against the person is dismissed;

Terms Used In Indiana Code 34-28-5-15

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Statute: A law passed by a legislature.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(2) is adjudged not to have committed the infraction; or

(3) is adjudged to have committed the infraction and the adjudication is subsequently vacated;

the court in which the action was filed shall order the clerk and the operator of any state, regional, or local case management system not to disclose or permit disclosure of information related to the infraction to a noncriminal justice organization or an individual.

     (b) Not earlier than five (5) years after a person:

(1) whose prosecution for an infraction has been deferred; or

(2) who was found to have violated a statute defining an infraction;

has satisfied the conditions of the deferral program or the judgment imposed for the violation, the person may petition the court to prohibit disclosure of information related to the infraction to a noncriminal justice organization or an individual. The court shall order the clerk and the operator of any state, regional, or local case management system not to disclose or permit disclosure of information related to the infraction to a noncriminal justice organization or an individual if the court finds that the person satisfied the judgment or conditions of the deferral program and at least five (5) years have passed since the date the person satisfied the judgment or conditions of the program.

     (c) If a court fails to order the clerk and the operator of any state, regional, or local case management system to restrict disclosure of information related to the infraction under subsection (a), the person may petition the court to restrict disclosure of the records related to the infraction to a noncriminal justice organization or an individual.

     (d) A petition under subsection (b) or (c) must be verified and filed in:

(1) the court in which the action was filed, for a person described in subsection (a)(1);

(2) the court in which the trial was held, for a person described in subsection (a)(2) or (a)(3); or

(3) the court finding or having jurisdiction over the violation, for a person described in subsection (b).

     (e) A petition under subsection (b) or (c) must be filed not earlier than:

(1) if the person is adjudged not to have committed the infraction, thirty (30) days after the date of judgment;

(2) if the person’s adjudication is vacated, three hundred sixty-five (365) days after:

(A) the order vacating the adjudication is final, if there is no appeal or the appeal is terminated before entry of an opinion or memorandum decision; or

(B) the opinion or memorandum decision vacating the adjudication is certified;

(3) if the person is not prosecuted, two (2) years after the alleged conduct or violation occurred;

(4) if the action is dismissed, thirty (30) days after the action is dismissed, if a new action is not filed; or

(5) if the person participated in a deferral program or is found to have violated the statute defining the infraction, not earlier than five (5) years after the date the judgment for the violation is satisfied or the conditions of the deferral program are met.

     (f) A petition under subsection (b) or (c) must set forth:

(1) the date of the alleged violation;

(2) the violation or alleged violation;

(3) the date the action was dismissed, if applicable;

(4) the date of judgment, if applicable;

(5) the date the adjudication was vacated, if applicable;

(6) the basis on which the adjudication was vacated, if applicable;

(7) the date the judgment is satisfied or the conditions of the deferral program were met, if applicable;

(8) the law enforcement agency employing the officer who issued the complaint, if applicable;

(9) any other known identifying information, such as the name of the officer, case number, or court cause number;

(10) the date of the petitioner’s birth; and

(11) at the option of the petitioner, the:

(A) petitioner’s driver’s license number, state identification card number, or photo exempt identification card number; or

(B) last four (4) digits of the petitioner’s Social Security number.

     (g) A copy of a petition filed under subsection (b) or (c) shall be served on the prosecuting attorney.

     (h) If the prosecuting attorney wishes to oppose a petition filed under subsection (b) or (c), the prosecuting attorney shall, not later than thirty (30) days after the petition is filed, file a notice of opposition with the court setting forth reasons for opposing the petition. The prosecuting attorney shall attach to the notice of opposition a certified copy of any documentary evidence showing that the petitioner is not entitled to relief. A copy of the notice of opposition and copies of any documentary evidence shall be served on the petitioner in accordance with the Indiana Rules of Trial Procedure.

     (i) The court may, with respect to a petition filed under subsection (b) or (c):

(1) summarily grant the petition;

(2) set the matter for hearing; or

(3) summarily deny the petition, if the court determines that:

(A) the petition is insufficient; or

(B) based on documentary evidence submitted to the court, the petitioner is not entitled to have access to the petitioner’s records restricted.

     (j) If a notice of opposition is filed under subsection (h) and the court does not summarily grant or summarily deny the petition, the court shall set the matter for a hearing.

     (k) After a hearing is held under subsection (j), the court shall grant the petition filed under:

(1) subsection (b) if the person is entitled to relief under that subsection; or

(2) subsection (c) if the person is entitled to relief under subsection (a).

     (l) If the court grants a petition filed under subsection (b) or (c), the court shall order the clerk and the operator of any state, regional, or local case management system not to disclose or permit disclosure of information related to the infraction to a noncriminal justice organization or an individual.

As added by P.L.69-2012, SEC.2. Amended by P.L.13-2013, SEC.83; P.L.112-2013, SEC.7; P.L.109-2015, SEC.49; P.L.197-2015, SEC.18; P.L.10-2019, SEC.129.

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