SAMPLE PETITION AND ORDER FOR EXPUNGEMENT OF

ARREST RECORD UNDER I.C. 35-38-9-1

This Sample Petition was created jointly by the Indiana Supreme Court Division of State Court
Administration and the Indiana Judicial Center and is intended to be an example of the
information that should be included in a Petition filed under I.C. 35-38-9-1. This form may be
subject to change.

The procedure to seal or expunge records under I.C. 35-38-9 is extremely complex, has not yet
been fully litigated and contains severe consequences if mistakes are made. The Indiana
Supreme Court Division of State Court Administration and the Indiana Judicial Center strongly
recommend that you seek legal advice from an attorney before filing a petition on your own
especially if you are seeking to seal or expunge more than one record.

INSTRUCTIONS FOR CLERKS AND COURTS

1. This form should only be used to expunge arrest records if the arrest did not result in a criminal
charge, a criminal conviction or the arrest resulted in a conviction and the conviction was vacated
on appeal.

2. Petitioner should complete the petition in its entirety. The completed forms should be delivered to
the Clerk following the provisions of Indiana Rule of Trial Procedure Rule 5(G) on green paper
or with a green coversheet marked Not for Public Access or Confidential.

3. The petitioner needs to choose between alternatives (indicated by an [OR]) in the introductory
statement and paragraphs 4, 5, 7 and 8. The petitioner should choose the alternative that best
describes his/her situation and delete or redact the other choices. Do not include more than one
paragraph option for any numbered paragraph in the Verified Petition.

4. Paragraph 9 is optional. It is the Petitioners decision whether to share additional information

with the Court.

5. Waiting Period:
At least one year after date of arrest if the Petitioner was not convicted OR at least one year after
date of an appellate opinion vacating the conviction becomes final unless the Prosecuting
Attorney has agreed in writing to a shorter time period.

6. Case Type:
The Clerk should file this petition in the criminal case if one exists. If no criminal case exists the
Clerk should assign a new MC miscellaneous criminal case number to the petition.

7. Filing Fees:
The Petitioner pays no filing fees.

8. Where Petition should be filed:

Form # TCM-35389-1 Approved by State Court Administration (4/14)

 By statute, the petition to expunge arrest records should be filed in the court where the criminal
case was filed or in a court with criminal jurisdiction in the county where the person was arrested
if a criminal case was not filed.

9. Notice to Prosecutor:
The statute requires that the court serve a copy of the petition upon the prosecutor.

10. Burden of Proof Required by Petitioner:

The petitioner must prove his/her petition by a preponderance of the evidence.

11. Hearing:
If the prosecuting attorney does not object, the court may grant the petition without a hearing. If
the prosecuting attorney does object, the court shall set the matter for hearing not sooner than
sixty (60) days after service of the petition on the prosecuting attorney.

12. Court Discretion with finding:

The Court has no discretion if the statute is met. If the court finds that the petitioner has met each
of the requirements set out in the statute, the court is required to enter an expungement order
regarding the arrest records described in the petition

13. Result if Petition is Granted:

No information concerning the arrest may be placed or retained in any state central repository
for criminal history information or in any other alphabetically arranged criminal history
information system maintained by a local, regional, or statewide law enforcement agency. The
order will not require any change or alteration in:
(l) any internal record made by a law enforcement agency at the time of the arrest and
not intended for release to the public;
(2) the record of any court in which the criminal charges were filed; or
(3) records that relate to a diversion or deferral program.
See I.C. 35-38-9-1(f).

See also I.C. 35-38-9-10.

Form # TCM-35389-1 Approved by State Court Administration (4/14)

STATE OF INDIANA ) IN THE _________________ COURT
) SS:
COUNTY OF _______________ ) CASE NO. ______-____-____-______

IN THE MATTER OF THE PETITION ) The petition should be filed in existing

EXPUNGE ARREST RECORDS OF
____________________________________,
arrest.
) criminal case or as a new MC - Miscellaneous
) criminal case in the court where charges were
) filed. If charges were not filed, the petition
) should be filed in a court with criminal
Petitioner. ) jurisdiction in the county of

Expungement Petitions are confidential under I.C. 35-38-9-10(i)

VERIFIED PETITION TO EXPUNGE CRIMINAL ARREST RECORDS

UNDER I.C. 35-38-9-1

Petitioner, ____________________________, unrepresented counsel/ by counsel, moves the

Court to expunge Petitioners arrest record pursuant to I.C. 35-38-9-1. Petitioner affirms under the
penalties of perjury:
1. Petitioners full name is ______________________________________________.
2. Petitioners date of birth is _____________________________________________ and
Social Security Number is ________ - ______ - ________.
4. The Petitioner was arrested in ____________ County on ____________________, 20___ by,
_______________________ (insert name of arresting officer, if known) a law enforcement officer of the
_______________________ (insert name of law enforcement agency, if known).
[OR]
4. The Petitioner was arrested in ____________ County on _______________, ______ by an
unknown law enforcement officer of an unknown law enforcement agency.
5. Criminal charges were filed under case number _______________________, and the case
was captioned as State of Indiana v. _______________________ (insert petitioners name).
[OR]
5. Charges were not filed and a relevant criminal case was not opened.

Form # TCM-35389-1 Approved by State Court Administration (4/14)

 6. There are no current criminal charges pending against Petitioner.
7. No charges were filed as a result of this arrest.
[OR]
7. The charges were ultimately dismissed.
[OR]
7. This arrest resulted in a case being filed however the case did not result in a criminal
convictions on all counts.
[OR]
7. Petitioner was convicted but on ___________________(insert date) this conviction was
vacated on appeal.
8. At least one (1) year has passed since the date of arrest.
[OR]
8. At least one (1) year has passed since the date the conviction was vacated on appeal.
[OR]
8. The Prosecuting Attorney has agreed in writing to the filing of this petition prior to the
expiration of the one (1) year waiting period and such agreement is attached.
9. (Optional) The Petitioner wishes to provide the following information to assist the Court:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
WHEREFORE, Petitioner respectfully requests this Court to enter an order expunging
Petitioners arrest records as provided in I. C. 35-38-9-1(f) and all other relief that is just and proper.
Date: ____________________________

_______________________________________
Signature of Petitioner

_______________________________________
Printed Name of Petitioner

__________________________________
Signature of Petitioners Attorney

__________________________________
Printed Name of Petitioners Attorney

Form # TCM-35389-1 Approved by State Court Administration (4/14)

STATE OF INDIANA ) IN THE _______________ COURT
) SS:
COUNTY OF ______ ) CASE NO. _____-____-____-_______

IN THE MATTER OF THE PETITION )

TO EXPUNGE ARREST RECORDS OF )
)
)
____________________________________, )
Petitioner. )

Expungement Orders are confidential under I.C. 35-38-9-10(i)

FINDINGS AND ORDER ON PETITIONERS VERIFIED PETITION TO EXPUNGE ARREST

RECORDS

Petitioner, ______________________________, unrepresented counsel/ by counsel, filed his/her

Verified Petition to Expunge Arrest Records on _____________, 20__. The State of Indiana, by counsel,
filed its Response to Petitioners Verified Petition to Expunge Arrest Records on ______________, 20__.
Petitioners petition seeks relief as provided by I.C. 35-38-9-1 to expunge his/her arrest record.

FINDINGS
The Court now finds by a preponderance of the evidence:
1. Petitioner was arrested in ________________ (county), Indiana on ____________(date
of arrest) for the offense of
_____________________________________________________________________________.
2. Petitioners date of birth ____________________________________________.
3. No charges were filed as a result of this arrest.
[OR]
3. This arrest resulted in charges being filed in case number _________________________
but Petitioner was not convicted
[OR]

Form # TCM-35389-1 Approved by State Court Administration (4/14)

 3. Petitioner was convicted in case number _________________________ on
_________________ but on ________________(date) the conviction was vacated on appeal and on
_____________________(date) the vacation on appeal became final.
4. At least one (1) year has passed since the date of arrest.
[OR]
4. At least one (1) year has passed since the date the opinion vacating the conviction
became final.
[OR]
4. The Prosecuting Attorney has agreed to the filing of the petition prior to the expiration of
a year from the date of arrest or the date the conviction was set aside on appeal.
5. No criminal charges are pending against the Petitioner.

ORDER
It is therefore ORDERED, ADJUDGED, and DECREED that Petitioners Petition to Expunge
Arrest Record is GRANTED. Petitioners records for the arrest shall not be placed or retained in any
state central repository for criminal history information or in any other alphabetically arranged criminal
history information system maintained by a local, regional or statewide law enforcement agency.
Changes or alterations are not required in any internal record made by a law enforcement agency
at the time of the arrest and not intended for release to the public, the record of any court in which the
juvenile charges were filed or records that relate to a diversion or deferral program
The Clerk shall send a copy of this Order to all parties of record or their attorneys and the
following agencies: Indiana State Police Central Repository for Criminal History and
_____________________________________________________(insert name of person/agency).
SO ORDERED this _______ day of _____________________, 20___.

________________________________________
JUDGE _____________________________Court

Form # TCM-35389-1 Approved by State Court Administration (4/14)