Indiana Criminal Records

A criminal record in Indiana is an official document detailing a person's contact with the state's criminal justice system, which largely includes law enforcement agencies and the courts. It typically holds information about an individual's arrests, convictions, parole violations, post-conviction sentencing, and dismissals/acquittals. In Indiana, a person's criminal record begins when they are arrested as a suspect in a crime. This means the arrest will go on such an individual's criminal record, whether convicted or not. The state's criminal records are managed by several agencies, including the Indiana State Police (ISP), Sheriff's Offices, the Indiana Department of Correction (IDOC), state courts, and police departments.

Indiana criminal records serve various purposes. The most common use of criminal records is for criminal background checks, particularly for employment. Indiana law generally precludes reporting certain criminal history information in background checks for employment purposes. However, depending on the nature of the job, some employers may subject prospective employees to expanded criminal history checks. Also, Indiana criminal records can be used to determine sentences for crimes committed by individuals based on their past records. In addition, criminal records are used to identify and locate potential suspects in unsolved criminal cases.

A criminal record or criminal history report in the state can either be name- or fingerprint-based. A person's name-based Indiana limited criminal history report contains only misdemeanor and felony arrests within the state. It does not include information on criminal history from other states. An Indiana fingerprint-based full criminal history report includes a person's arrests, charges, and dispositions (the final outcome in a criminal case) within the state. This record does not contain arrests by federal agencies or other agencies outside Indiana.

What is Included in the Criminal Record?

A person's Indiana criminal record includes the following:

• Personal details, such as full name, date of birth, race, gender, weight, height, and aliases, if known
• Mugshots and fingerprints
• Arrest information, including the arrest date, location of arrest, the arresting agency name, and charges (pending or dismissed)
• Information about any outstanding arrest warrants
• Details about convictions, including the date of the conviction, post-conviction status (if any), and the court where the conviction happened

Are Criminal Records Public In Indiana?

Indiana criminal records are public records and can be accessed by members of the public, per Indiana Code 5-14-3. Interested persons can obtain criminal records/history reports from the state's law enforcement agencies but may be required to provide reasons for such requests. While some criminal records can be obtained online through third-party websites, some others cannot be accessed this way and may require a requester to file their request in person with their local law enforcement agency. Although Indiana criminal records are largely considered public records, the courts may choose to seal or restrict certain information in certain situations, especially where such records relate to juvenile cases or contain sensitive data.

How to Access Criminal Records in Indiana

The Indiana State Police manages the Criminal History Search Services, where the general public can access and obtain the state's criminal records. A criminal record request in Indiana, commonly known as a Criminal Record Review Challenge, can either be name-based or fingerprint-based.

A name-based Indiana criminal record request can be submitted online or by mail. This type of request provides a limited criminal history (LCH) report, and the search is based on a subject's name, race, gender, date of birth, and, if necessary, place of birth and Social Security Number (SSN).

Online Request for LCH

Any interested person may access an Indiana criminal record online with a name-based search using the Limited Criminal History Search Service. This service requires users to create an account to enable them to make their requests.

Mail Request for LCH

Alternatively, a requester can obtain an Indiana limited criminal history report by mailing a completed Criminal History Information (LCH) Request Form to the ISP at:

The ISP only accepts money orders for mailed LCH requests. For this request, a $70 money order made out to the State of Indiana must be enclosed with the request form. Requests are usually processed within five to seven business days, and copies of LCHs are made available to requesters by mail afterward.

Individuals may also request their own Indiana criminal record using the fingerprint-based full criminal history report service. Reports obtained using this service are more detailed than the LCH reports. The Criminal Justice Information Services (CJIS) Section of the Indiana State Police partners with IDEMIA (via IdentoGo) to enable interested individuals to obtain their criminal records through the Fingerprinting and Enrollment Services. To use this service, select "Schedule a New Appointment" and then choose the state agency for which you are being printed - Criminal Record Review/Challenge. Follow subsequent prompts to book your fingerprinting appointment.

How to Access Sex Offender Records in Indiana

Interested individuals can access records of sex offenders in Indiana using the state's Sex and Violent Offender Registry. To begin the search, select the county, follow the prompts, and provide the required search parameters, which can include the offender's address, name, email, and phone number.

How to Access Inmate Records in Indiana

Records of incarcerated individuals in Indiana can be obtained online using the state's Incarcerated Database Search maintained by the D epartment of Correction (IDOC). The search can be conducted using an offender's name or IDOC number.

What is Considered a Felony in Indiana?

In Indiana, any criminal offense with a penalty of over one year jail sentence is considered a felony. It is the most severe of all criminal offenses in the state, with a maximum of 65 years imprisonment and sometimes the death penalty. Although Indiana classifies most felonies into six levels, murder is an unclassified felony with three possible sentence options. The other six levels of felonies in Indiana and examples of each type are listed below:

Level 1 Felonies

Examples of level 1 felonies in Indiana include the following:

• House invasion that leads to physical damage and serious bodily injuries
• Aggravated rape by use of force or lethal weapon
• Drug trafficking that results in death

Level 2 Felonies

Anyone who is guilty of the following criminal offenses commits a level 2 felony:

• Voluntary manslaughter
• Kidnapping for ransom
• Child sex trafficking

Level 3 Felonies

Indiana considers the following level 3 felonies:

• Child molestation
• Fleeing from law enforcement in a vehicle, resulting in the death of another person
• Aggravated battery that leads to serious injuries

Level 4 Felonies

Common examples of level 4 felonies are listed below:

• Illegal possession of a firearm by a violent felon
• Arson

Level 5 Felonies

Examples of level 5 felonies in the state include the following:

• Robbery with no bodily injuries
• Involuntary manslaughter
• Criminal negligence/recklessness involving the use of a weapon

Level 6 Felonies

Examples of these are listed below:

• Vehicle theft
• Stalking
• Strangling

Penalties For Indiana Felonies

Per Indiana Code 35-50-2-3, murder attracts three possible penalties in the state. These are a life sentence without parole, a fixed sentence of between 45 and 55 years imprisonment, or the death penalty. The murder felon may also be fined up to $10,000 in certain cases. Penalties meted out on individuals found guilty of other classified felonies in Indiana vary by level, as outlined below:

• Level 1 felonies attract a penalty of 20 to 40 years jail sentence, with a suggested term of 30 years.
• Level 2 felonies are punishable by imprisonment between 10 and 30 years, with an advisory sentence of 17.5 years.
• Level 3 felonies attract 3 to 16 years of jail incarceration, with a suggested sentence of 9 years.
• Level 4 felonies have a possible jail term of between 2 and 12 years, with an advisory sentence of 6 years.
• Level 5 felonies carry a potential penalty of 1 to 6 years imprisonment with a recommended sentence of 3 years.
• Level 6 felonies are punishable by a prison sentence of 6 months to 2.5 years, with a suggested term of 1 year.

In addition to prison sentences of varying degrees, felony convictions in Indiana may also attract up to a $10,000 fine. Regardless of the level, other consequences of a felony conviction in the state may include community corrections (house arrest), electronic home detention, and probation. A felony conviction may also impact the offender's employment prospects, civil rights, such as the right to carry firearms or vote, and the chances of getting suitable housing options.

What is a Misdemeanor in Indiana?

In Indiana, criminal offenses punishable by up to a one-year imprisonment are called misdemeanors. They are considered less severe than felonies. Indiana categorizes misdemeanors into Class A, Class B, and Class C, with Class A assessed the most severe and Class C being the least serious. Examples of offenses in each class are listed below:

Class A Misdemeanors

Common examples of Class A misdemeanors in Indiana include the following:

• Public indecency
• Battery that results in bodily injuries
• Rioting
• Driving under the influence (DUI)
• Driving with a suspended or revoked license that did not lead to anybody's death
• Medical fraud
• Petty theft
• Domestic battery and assault
• Resisting arrest by the police
• Illegal firearm possession (without a license)

Class B Misdemeanors

Some examples of Class B misdemeanors in Indiana are:

• Damage to property
• Public intoxication
• Threat of injury
• Reckless driving
• Criminal trespass in the second-degree
• Disorderly behavior
• Harassment
• Non-physical assault

Class C Misdemeanors

In Indiana, these include:

• Public nudity
• Indecent exposure
• Possession of drug paraphernalia
• Operating a vehicle without a license
• Using a fraudulent/fake ID

Penalties for Indiana Misdemeanors

Misdemeanor convictions in Indiana are penalized based on the severity of the offense class as listed below:

• Class A Misdemeanor - This is punishable by up to a one-year jail term and/or up to a $5,000 fine.
• Class B Misdemeanor - Anyone guilty of a Class B misdemeanor in Indiana faces up to 180 days jail sentence and/or a fine up to $1,000.
• Class C Misdemeanor - This class of misdemeanor is punishable by up to 60 days jail term and/or up to $500 fine.

However, not every misdemeanor conviction results in a jail sentence. A misdemeanor committed against a public safety official or a vulnerable adult may also be elevated to a felony. Under Indiana law, certain repeat misdemeanor crimes and those committed against protected persons can attract felony charges. For example, a repeat criminal offense of paraphernalia sale, domestic battery, financial exploitation, or obstruction can be elevated to a felony and attract a felony penalty.

How Long Does an Indiana Criminal Record Stay In a Background Report?

In Indiana, a person's felony conviction will remain in their background report or criminal record for as long as they tarry in petitioning for expungement. Typically, a person's criminal record is securely stored in the State Police database until they pass away or attain the age of 99 and have not had another criminal offense conviction for the previous 15 years. However, employers in the state are prohibited from looking up prospective employees' criminal records older than seven years when making hiring decisions. This applies to felony convictions, misdemeanor convictions, and arrest records.

Sealing and Expungement of Criminal Records in Indiana

Certain criminal records can be expunged or sealed in Indiana, per Indiana Code 35-38-8. Generally, expungement is the process by which certain criminal convictions are removed from public criminal records, giving someone with past convictions a second chance at life.

Anyone who wants to expunge a criminal history record in the state must file a petition at the county where the case leading to their conviction originated. In that petition, the requesting party must show proof of behavioral and moral change and evidence of rehabilitation. The judge will either approve the expungement based on the petition or request a hearing. If the judge requests a hearing, a person must be able to explain the necessity of expungement and provide witnesses and documents to support the petition. However, because of the complexities involved in the process, it is recommended to use the service of an experienced lawyer when petitioning for criminal record expungement in Indiana.

In Indiana, a person must wait eight years after conviction to petition for expungement for most felonies. For some violent felonies, with the prosecutor's consent, a person must wait 10 years before requesting an expungement of a conviction. To request a felony conviction expungement, an individual must not have additional criminal charges pending, must not have committed another criminal offense during the eight or 10-year period, and must have paid all fees and fines. For a misdemeanor conviction, a person must wait five years from the date of conviction before petitioning for expungement and must have paid all fines and not have additional criminal charges pending. Sex or violent offenders may not seek expungement of misdemeanor convictions. Similarly, the following individuals may not seek felony conviction expungement in Indiana:

• Individuals convicted of felonies leading to the death of other people
• Sex or violent offenders
• Individuals convicted of sex crimes offenses, official misconduct, human and sexual trafficking offenses, and homicide offenses

Although some technical differences exist between record sealing and expungement in Indiana, these differences are inconsequential. Whether a person seals or expunges their criminal records in the state, the records are not entirely erased or destroyed. They are only hidden from public view but can be accessed by certain agencies and individuals, including the following:

• Law enforcement, including the police, investigative agencies, prosecutors, and defense attorneys
• Correctional agencies
• Criminal justice agencies
• Federal Mortgage Licensing Department

Expunged or sealed criminal records in Indiana do not show up in criminal background checks. Hence, anyone whose criminal convictions have been sealed or expunged from their criminal records can deny they have been convicted of those crimes.