Indiana Arrest Records
Indiana Arrest Records are official government documents that detail information about an individual's past encounters with law enforcement in the state.
The creation and maintenance of arrest records is the responsibility of state law enforcement authorities. Regardless of the alleged offense, these records are generated anytime a person is arrested and brought into custody.
Law enforcement and criminal justice professionals use these records as a vital tool to track the illegal activity of individuals within the state, enabling them to identify patterns of criminal behavior.
While arrest records are sometimes part of criminal records, an arrest record cannot serve as conclusive proof that a person committed a crime. It is because not every arrest results in a conviction.
Arrest records in Indiana are public by law, which means they are available to the general public upon request. It is due to the state's open records laws, designed to promote government transparency and accountability.
The Indiana Access to Public Records Act (APRA) gives the public the right to access most government records, including arrest records, unless they are exempt from disclosure under specific law provisions.
When you access these records, they will typically contain a variety of information, including:
- Personal information, such as the full name, date of birth, physical description, and any aliases or other identifying information
- Arrest details, such as the arrest location, date, and time and the name of the arresting officer or agency
- A detailed list of criminal charges brought against the individual, including the specific offense/s and the corresponding statute/s violated
- Details of any outstanding warrants
- Previous convictions
- Mugshot
- Fingerprints
What Laws Govern Arrests in Indiana?
Indiana Code (IC) section 35-33-1-1 outlines the circumstances in which a law enforcement officer may arrest Indiana. Generally, an officer may arrest a person if they have probable cause or grounds to believe that the person has committed a misdemeanor in their presence.
Additionally, officers may arrest without a warrant if they have probable cause to think that a person has committed a felony, even if the offense did not occur in their presence.
More specifically, if a police officer accuses someone of battery or domestic abuse, they may arrest them on such grounds. In this state, the police may also arrest an individual with a firearm without a permit. Additional reasons for warrantless arrest include endangering national security, smuggling harmful devices, and interfering with a criminal investigation.
In certain situations, Indiana law requires that officers have a valid warrant to arrest. For example, if the police officer did not witness a misdemeanor, a warrant is typically required. Moreover, warrants are necessary for arrests in the accused's home unless exigent circumstances justify a warrantless entry.
The U.S. Fourth Amendment and Article 1, section 11 of the Indiana Constitution protect individuals from unreasonable searches and seizures, including arrests. These constitutional provisions demand probable cause and warrants for arrests when necessary.
Furthermore, individuals have the right to be free from excessive force during an arrest, and they have the right to receive Miranda warnings upon arrest.
After an arrest in Indiana, an arrestee must have a preliminary hearing within 72 hours of their arrest. A judge will determine if there is probable cause to continue holding the individual in custody. If there is probable cause, the authorities will detain the individual for trial, which must occur within 70 days of the arrest.
What Is the Arrest Booking Process in Indiana?
The arrest booking process in Indiana refers to the procedure after a person has been arrested and taken into custody by law enforcement officers. This process involves several steps to document the arrestee's personal information, the alleged crime, and physical condition.
The first step of the booking process is taking the arrestee to a local police station or jail. Once there, the police officer will get their name, address, known aliases, and other personal information. They will also ask for the arrestee's fingerprints and put them in a database maintained by the state.
After recording the arrestee's personal information, the police officer will search for any weapons, drugs, or other contraband in the arrestee's possession. The officer will inventory and store any confiscated items until they can be returned or used as evidence in court.
The arresting officer will then take the arrestee's photograph or mugshot and document their height, weight, and physical appearance. They will add this information to the arrestee's file and use it to identify them throughout the legal process.
After documenting the arrestee's physical condition, an arrestee can call to inform a family member or legal representative of their arrest. Following the call, authorities will place them in a holding cell to await their initial court appearance. During this appearance, a judge will determine their bail amount and set a date for their arraignment.
It's worth noting that the arrest booking process in Indiana can take several hours to complete, depending on the case's complexity and the number of other arrestees being processed simultaneously.
Your Rights in Indiana During an Arrest
During an arrest in Indiana, you have certain rights protected by state and federal constitutions.
The first important right you have during an arrest in Indiana is the right to remain silent. It means you have the right not to incriminate yourself during an arrest by answering any questions from law enforcement officers.
Remember that whatever you say may be used against you. Therefore, exercising this right is essential until an attorney is present.
Second, you have the right to an attorney. This right ensures you can get legal counsel to help you navigate the legal process. The court must appoint one if you cannot pay for an attorney.
Another right you have during an arrest in Indiana is to know your charges. The authority must provide a written statement of the charges and inform you of your rights to a trial. This right ensures you understand the legal process and the charges against you, which is vital for building a defense.
In addition to these rights, the Fourth Amendment guarantees freedom from unreasonable searches and seizures. It means that law enforcement officials must have a valid warrant or probable cause before they can search or seize property. This right protects you from unjustified searches and seizures, which can violate your privacy and civil liberties.
Finally, the Eighth Amendment serves to safeguard you against excessive bail. It means that bail amounts must be fair, just, and commensurate with the severity of the alleged offense. It also prohibits imposing unreasonable fines and cruel and unusual punishments, ensuring justice is administered fairly and humanely.
What Are Indiana Mugshot Records?
Often part of the Indiana Arrest Records, mugshot records are photographic records taken by law enforcement officers during the booking process of an arrest or incarceration of an individual. These records usually feature the person's face, name, and other identifying details such as age, height, weight, and reason for the arrest.
Indiana Mugshot Records are essential for law enforcement agencies to keep track of the individuals they detain and help ensure public safety. They can also be used by the public, such as employers, landlords, and other interested parties, to assess an individual's criminal history.
If you are looking for Indiana Mugshot Records, there are a few different avenues to explore. The first step is to determine the county where the arrest or incarceration occurred, as this will impact where the records are stored and accessed.
Once you have identified the county, you can contact the Sheriff's Office. The Sheriff's Office keeps arrest records, including mugshots, in Indiana counties. You can contact the office in person, by phone, or through their website to request access to the records.
Moreover, some Sheriff's Offices, like in Hamilton and Delaware counties, provide inmate locator tools or publish updated jail rosters of current inmates online, where you can check mugshot records.
If you are searching for an individual incarcerated in Indiana state prisons, contact the Indiana Department of Corrections (IDOC) or use the Incarcerated Search tool to access their records. Note that the IDOC and county Sheriff's Offices may have different regulations and limitations regarding access to mugshot records.
It is worth noting that mugshot records in Indiana may not always be available to the public, depending on the case's nature and the individual's identity. Some restrictions may apply based on the severity of the crime, ongoing investigations, or confidentiality concerns.
How Long Does an Arrest Record Stay in Indiana?
In Indiana, an arrest record can remain on an individual's criminal record indefinitely unless expunged or sealed. The arrest record may be accessible to the public, including potential employers, landlords, and lenders. However, the statute of limitations limits how long a person may be prosecuted for a crime.
The statute of limitations differs depending on the severity of the crime committed. For instance, there is no statute of limitations for murder, and prosecutors can bring charges against an individual at any time after committing the offense.
However, for less severe crimes, such as misdemeanors, the statute of limitations is typically two years from the date of the offense. For example, if a police officer arrested an individual for disorderly conduct, the statute of limitations would be two years.
It is essential to note that the statute of limitations only applies to how long prosecutors have to bring charges against an individual. It does not affect the length of time an arrest record stays on an individual's criminal history. As mentioned earlier, Indiana Arrest Records remain on file for life unless expunged or sealed.
Expungement is a legal process allowing individuals to have certain types of criminal records removed. The expungement process in Indiana varies based on the type of offense committed. In Indiana, individuals can expunge certain misdemeanor and felony offenses, but not all crimes are eligible for expungement.
How To Expunge an Arrest Record in Indiana?
The Second Chance Law governs the expungement of criminal records, including Indiana Arrest Records. Anyone having arrest records in Indiana may request that their records be sealed or expunged under this provision.
To expunge an arrest record, you must first determine your eligibility. In Indiana, you are generally eligible for arrest record expungement if you were not convicted despite being arrested, if your conviction was later overturned, or if you completed a diversion program.
Expungement of arrest records that resulted in a conviction is also possible under certain circumstances in Indiana. To be eligible for this expungement type, you must meet the following requirements:
- Complete all terms of your sentence, which includes fulfilling any probation or parole requirements.
- Wait a certain amount of time after serving your sentence.
- Have no pending criminal charges or convictions against you.
- Not be convicted of any additional crimes during the waiting period.
- Settle all outstanding fines, restitution, fees, or court costs related to your sentence.
The waiting period for eligibility for conviction expungement in Indiana varies based on the type of offense. Typically, for all misdemeanor convictions, it is five years, while for certain felony convictions, it is eight years.
Not all offenses in Indiana are eligible for expungement. Some ineligible convictions include:
- Sex crimes or violent felonies as defined under IC section 11-8-8-5
- Crimes involving official misconduct as defined by IC section 35-44.1-1-1
- Violations result in severe bodily harm, such as those found guilty of two or more deadly weapon offenses
Expungement Process in Indiana
Once you determine your eligibility for expungement, the next step is to file a petition with the court. You must file the petition in the court that filed the charges and provide specific information. This information includes the arrest date, county, law enforcement agency that made the arrest, and court where charges were filed.
The filing fee is equivalent to a court's civil filing fee in certain situations. However, the court may reduce the cost if the person is indigent. But expungement petitions for no convictions are free.
After you file the petition, the court will often schedule a hearing (for most conviction expungement petitions) to consider your request. You must attend the hearing and present evidence to support your petition. It may include documentation of completed diversion programs, letters of recommendation, or other evidence demonstrating your rehabilitation.
If the court grants the expungement, the verified petition and order are sent to the local court's Indiana State Police (ISP) Expungement Section.
It is worth noting that expungement does not entirely erase the record. In most cases, the record may still be accessible to law enforcement. Additionally, expunged records may be unsealed by court order or if they are necessary for a criminal investigation.
How To Search Indiana Arrest Records?
If you need to search for arrest records in Indiana, there are several ways to do so. The ISP maintains a central repository of criminal history information, including arrest records, and online databases and other resources are available.
One option for searching arrest records in Indiana is to use the ISP website. They offer a Limited Criminal History (LCH) search that allows you to search for individuals by name or date of birth. This search will provide information on arrests, charges, and convictions but does not include information on pending or expunged cases.
Another resource for searching these records is the online databases maintained by various county sheriff's departments. Many counties in Indiana have online databases that allow you to search for arrest records by name or other criteria.
These databases may include information on active and past cases and details on charges, arrests, and court appearances.
If you need more comprehensive information on Indiana Arrest Records, request a criminal history report from the ISP. This report will include all available arrests, charges, convictions, and other criminal history information.
To request a criminal history report, complete an LCH request form and submit it to the ISP. There's a service to fulfill your request. You can conveniently pay the fee using certified checks or money orders.
Requesting copies of specific arrest records from law enforcement agencies or county clerks is also possible. To do so, you must provide identifying information about the individual in question and pay any applicable fees.
Counties in Indiana
- Adams
- Allen
- Bartholomew
- Benton
- Blackford
- Boone
- Brown
- Carroll
- Cass
- Clark
- Clay
- Clinton
- Crawford
- Daviess
- De Kalb
- Dearborn
- Decatur
- Delaware
- Dubois
- Elkhart
- Fayette
- Floyd
- Fountain
- Franklin
- Fulton
- Gibson
- Grant
- Greene
- Hamilton
- Hancock
- Harrison
- Hendricks
- Henry
- Howard
- Huntington
- Jackson
- Jasper
- Jay
- Jefferson
- Jennings
- Johnson
- Knox
- Kosciusko
- La Porte
- Lagrange
- Lake
- Lawrence
- Madison
- Marion
- Marshall
- Martin
- Miami
- Monroe
- Montgomery
- Morgan
- Newton
- Noble
- Ohio
- Orange
- Owen
- Parke
- Perry
- Pike
- Porter
- Posey
- Pulaski
- Putnam
- Randolph
- Ripley
- Rush
- Scott
- Shelby
- Spencer
- St Joseph
- Starke
- Steuben
- Sullivan
- Switzerland
- Tippecanoe
- Tipton
- Union
- Vanderburgh
- Vermillion
- Vigo
- Wabash
- Warren
- Warrick
- Washington
- Wayne
- Wells
- White
- Whitley