Indiana Criminal Records

Indiana Criminal Records are documents from the state and courts that list a person's criminal actions. People usually call these "rap sheets", which include all crimes-related events, such as arrests, pending and past convictions, indictments, and dispositions.

The Access to Public Request Act lets people who live in the state look up criminal records whenever they want to; anyone can receive a criminal record from the custodian.

The Indiana State Police (ISP) primarily keep criminal records for the public. However, you can also ask the Indiana court clerks to search for these records.

Even though each person's criminal record in Indiana has different information, requesters can expect to find the following:

• Subject's personal information (full name, date of birth, race, and unique physical descriptions)
• Aliases
• Fingerprint
• Mugshots
• Past and current indictments and warrants
• Post-conviction status
• Arrest date
• Prosecution date
• Guilty Pleas
• Convictions (felony or misdemeanor charge)

As mentioned earlier, Indiana Criminal Records may have different information. Mostly, the differences are in the committed offenses. Here are the types of conviction charges in Indiana:

Felonies

Indiana has six degrees of felonies, with Level 1 being the most severe. Each felony level has a sentencing range and suggested punishment. Also, felony convictions might bring $10,000 penalties.

Here are the punishment ranges and examples for each category of felony records:

Murder

Murder has no classification in Indiana, but it has three potential penalties: 45 to 55 years sentence, life without parole, or death.

Level 1 Felonies

Level 1 felonies can get you 20 to 40 years in prison. The law says that 30 years in jail is the recommended sentence. Level 1 felony records include:

• Aggravated rape with a deadly weapon or force
• Home invasion with serious bodily injuries
• Drug dealing that leads to death

Level 2 Felonies

If someone is found guilty of a level 2 felony, they could go to prison for 10 to 30 years and an advisory sentence of 17.5 years. Some examples under Level 2 felonies are:

• Murdering someone on purpose
• Selling sexual services to children
• Kidnapping someone for ransom

Level 3 Felonies

Level 3 felonies carry prison sentences of 3 to 16 years with an advisory of a 9-year sentence. Here are some occurrences of Level 3 felonies in Indiana:

• An aggravated battery that causes severe injury to someone
• Fleeing from police in a car that causes severe damage to someone
• Child molestation

Level 4 Felonies

Level 4 felonies entail a potential jail term of two to twelve years with a suggested sentence of 6 years. Examples of offenses under Level 4 felonies include:

• Arson
• Illegal possession of a handgun by a violent convicted felon

Level 5 Felonies

Level 5 felonies are punishable by between 1 and 6 years in jail, and the advisory sentence has three years. Examples under this category include:

• Involuntary manslaughter
• Robbery without injuries
• Criminal recklessness by using a weapon

Level 6 Felonies

Level 6 felonies incur a jail term of six months to two and a half years and an advisory sentence of 1 year. Examples of Level 6 felonies include:

• Criminal stalking
• Strangling
• Car theft

Sometimes, a judge may change a Level 6 felony to a misdemeanor.

How long are felony records kept in Indiana? A person's criminal history in Indiana is kept on file in the database until they pass away or until they are 99 years old.

Misdemeanors

Indiana has three misdemeanor classifications: A, B, and C, with Class A being the most severe and Class C being the least.

Class A Misdemeanors

Class A misdemeanors can lead to a year in prison and a $5,000 fine. Some examples of Class A misdemeanors include:

• Battery leading to physical harm
• Petty theft
• Public obscenity
• Rioting

Class B Misdemeanors

Class B misdemeanors can get you to 180 days in jail or a $1,000 fine. Class B misdemeanors include:

• Public intoxication
• Causing damage to property
• Acting in a disorderly way
• Harassing someone

Class C Misdemeanors

If someone is guilty of a Class C misdemeanor, they could spend up to 60 days imprisonment and pay a maximum of $500 fines. Some examples of class C misdemeanors are:

• Having drug paraphernalia
• Driving recklessly
• Using a fake ID

For certain repeat misdemeanor offenses and misdemeanors committed against protected individuals in Indiana, the law charges felony penalties. Examples of repeat misdemeanors that may become felonies are:

• Domestic felony
• The selling of drug paraphernalia
• Obstruction
• Financial exploitation

If committed against a protected individual, such as an endangered adult or public safety professional, a misdemeanor may also become a felony. Examples include fraud and violence.

How long does Indiana keep records of misdemeanors? If you qualify for state expungement, the waiting time for misdemeanors and lower-level felonies reduced to misdemeanors is five years.

Criminal Driving Violations

Traffic violations in Indiana can be misdemeanors and felonies. It means that the penalties or charges fall under these categories.

Here are some of the typical traffic misdemeanors in Indiana:

• DUI (Class A Misdemeanor)
• Driving with a revoked or suspended license (Class A Misdemeanor)
• Reckless driving (Class B Misdemeanor)
• Driving without a license (Class C Misdemeanor)
• Aggressive driving (It depends on the actions)

Here are a few instances of felonies that, if they hadn't injured another person, would likely be misdemeanors instead:

Driving With a Suspended or Revoked License

There's a committed Level 6 felony if a driver causes harm while suspended or revoked. Level 5 felony if the driver causes death.

Hit and Run

Depending on the accident, a "hit-and-run" might result in felony prosecution. It is more likely to be a felony than a misdemeanor if another person gets harmed or killed.

How long are criminal driving records retained in Indiana? Since criminal traffic offenses in Indiana are either misdemeanors or felonies, expect it will last permanently on records unless you are eligible for state expungement.

Sexual Offenses

For certain sex offenses, Indiana imposes felony penalties, with increased sentences for crimes involving damage, weapons, or vulnerable victims. In addition, Indiana sets harsher sanctions for sex offenses involving minors.

Here are the sex crime charges in Indiana:

• Rape
• Child molesting
• Child pornography
• Vicarious sexual gratification
• Child solicitation
• Sexual battery
• Sexual misconduct with a minor

In Indiana, most sex offenses require sex offender registration. This offender must register within seven days after being released from jail or placed on parole or probation.

An offender must register the following information under the state law:

• Name
• Birthdate
• Physical description
• Address
• Social security number
• Driver's license number, car description, and plates
• Specific offense committed
• Conviction date sentence
• Picture/mugshot

People can browse Indiana's sex offender registry online through the Sex & Violent Offender Registry of the Indiana Department of Correction (IDOC).

The duration of registration varies on the nature of the crime. If a person has committed a crime against a child under 12, caused severe bodily injury, been convicted of at least two unconnected sex offenses, or been named a sexually violent predator, they must register for life. In some situations, required registration may only last for ten years.

Expungement or sealing in Indiana can be for non-conviction or conviction purposes.

Records that don't involve a conviction may be eligible for expungement and sealing. When a court seals a criminal record, it is usually impossible for anyone to see it without an order.

After a year from the date of your arrest (non-conviction), you can file an expungement or sealing petition for your criminal record if:

• Arrested but not guilty
• Found guilty, but the court reversed the verdict

You don't have to pay a fee to file a petition to get non-conviction records cleared. Also, you can petition before the one-year mark if the prosecuting attorney agrees.

What Makes Someone Eligible for Expungement or Sealing in Indiana?

A petition for expunging or sealing a criminal record is possible if such a person:

• Have not been guilty of two or more distinct deadly weapon felonies
• Did not commit a violent or sexual crime
• Have no outstanding charges
• Paid all case-related fines, court expenses, and restitution
• Have no recent convictions

Ineligible for sealing include convictions such as murder, offenses that result in bodily damage, perjury, human trafficking, and crimes committed while acting as an elected official or candidate for public office.

Meanwhile, expungement is impossible in Indiana for some felony convictions, including those for most sex offenses, serious crimes, governmental misconduct, and human trafficking.

How To File Expungement in Indiana?

You need to wait five years from your conviction date to file for expungement if convicted of a misdemeanor offense or a Level 6 felony that did not become a misdemeanor. The waiting time for a Level 6 felony conviction is eight years from the date of conviction.

In Indiana, a person or private legal counsel may submit a petition for expungement or sealing with a local court of jurisdiction. Indiana's central repository for criminal history information is the ISP, but they cannot provide legal counsel on petition filing.

Once you qualify for expungement or seal, the local court forwards the verified petition and orders the petition to the ISP Expungement Section for processing.

The expungement process will take longer if you do not present all the necessary paperwork. The Expungement Section will examine, evaluate, and comply with the order upon receipt of these papers.

Indiana Inmate Records provide information about a person's incarceration in the state.

The IDOC keeps inmate records public. They collect data from law enforcement agencies and prison institutions around the state.

To find inmate records in the state, you will use the agency's Indiana Offender Search. For those who opt not to utilize the inmate search page, information in inmate records is accessible in person at the institution.

Access to an inmate record in Indiana will provide the following information:

• The inmate's personal information (full name, birth date, gender, ethnicity)
• Any aliases
• The inmate's crime details
• Mugshots
•  fingerprints
• The incarceration date
• Estimated date of release
• The incarceration facility, including address and security level
• Past convictions and sentences
• Any bail conditions

Indiana Arrest Records detail what happened during and before an arrest.

It's important to remember that an arrest record is not the same as a criminal record because not everyone arrested is found guilty, which makes a person a criminal.

People who live in Indiana can look at arrest records if they know how to request public records. Usually, it's up to the Sheriff's office in each county to give people free copies of arrest records when they ask for them.

However, the police agency controlling these documents may make some of them impossible to access, notably restricted records undergoing criminal investigation.

Arrest warrants are necessary for Indiana to hold a person who isn't doing anything illegal but is a suspect of doing something illegal. Law enforcement can still arrest without a warrant if they observe a crime in progress, but if a person is only a suspect, they must present proof.

Following an arrest in Indiana, law enforcement will bring the arrested individual to the county jail or holding center in their area to begin the booking process. This is when the official police record for the crime and the individual begins. The suspect will wait for bail or their court date, depending on which comes first.

If you get an arrest record in Indiana, mainly, they include the following information:

• The arrestee's personal information (full name, date of birth, gender, race, etc.)
• Arrest date and location
• Arrest motive
• The scenario immediately before the arrest
• The arresting officer
• The detention center address
• The name of the person who issued the arrest warrant

The public has several reasons for obtaining an official criminal record. But in general, prospective employers and job agencies use these papers as part of the recruiting process. These are also essential in commercial partnerships, prenuptial agreements, and other legal actions.

To officially get a copy of a criminal record in Indiana, you need to learn about the ISP's Criminal History Services.

You can use this state database for a name or fingerprint-based criminal record search.

Each search costs $15 plus processing fees. Those who want a free public criminal record check can contact the ISP to get a fee waiver.

While it has court records, it may not have the most current ones. To get updated documents, you need to look at the county courthouse records online or contact the court clerk in the incident's county.