Indiana Criminal Records

Indiana Criminal Records, sometimes known as rap sheets, are official documents that serve as a historical record of an individual's interactions with the criminal justice system. These records may date back many years and provide a comprehensive view of an individual's criminal history in the state.

In Indiana, criminal records are maintained by several different agencies and organizations. The Indiana State Police (ISP), the Indiana Department of Correction (IDOC), the police departments and Sheriff's Offices, and the state courts are responsible for keeping these records.

These records are subject to specific legal requirements and restrictions, but they are essential for maintaining public safety, conducting background checks, and supporting legal proceedings.

When you access a criminal record in Indiana, it may contain various types of information, including:

Personal information, such as the person's full name, date of birth, gender, and race
Any identifying information, such as tattoos, scars, or other distinguishing feature
Fingerprint records and mugshots
Any known aliases
Arrest information, such as the arrest date and location, the agency that made the arrest, and the charges brought against the person
Conviction details, such as the conviction date of the conviction, the court where it took place, and any post-conviction status
Information about any fines, probation, or jail time imposed as part of the sentence
Details about any outstanding warrants for the person's arrest

Access to these records may be available to the public through various online databases and court records per the Indiana Access to Public Records Act (APRA).

However, it's important to note that certain information may be restricted or sealed by the courts under certain circumstances, primarily if such records relate to juvenile or sensitive data cases.

What Are the Types of Crimes in Indiana?

Like any other state, Indiana has its own set of criminal laws that define various types of crimes and their corresponding penalties. These laws aim to maintain public safety, promote justice, and deter illegal activity.

Crimes in Indiana are classified into two main categories: felonies and misdemeanors. Felonies are more serious offenses, while misdemeanors are considered less severe.

Within these categories, crimes are further classified into different levels, each with its penalties. Understanding the types of crimes in Indiana is crucial for residents, visitors, and anyone who may face criminal charges or have pending Indiana Criminal Records.

Felonies

There are six levels of felonies in Indiana, with Level 1 being the most serious. There is a sentencing range and proposed sentence for each felony category. Moreover, felony convictions may incur fines of $10,000.

Below are examples and ranges of penalties for each type of felony in Indiana:

Level 1 Felonies

If someone is guilty of Level 1 felonies in Indiana, they could face 20 to 40 years in prison, with 30 years being the recommended sentence. Some convictions under this level are as follows:

Aggravated rape with a lethal weapon or force
House invasion resulting in severe physical damage
Drug trafficking that results in death

Level 2 Felonies

Level 2 felonies have prison sentences between 10 to 30 years with an advisory sentence of 17.5 years. If someone is guilty of any of the following offenses, they must serve those terms:

Child sex trafficking
Voluntary manslaughter
Kidnapping for ransom

Level 3 Felonies

This felony level carries a prison sentence between 3 to 16 years with a 9-year recommended sentence. Following are a few examples of Level 3 felonies in Indiana:

Aggravated battery resulting in severe injuries
Escaping police in a car that caused the death of another
Child molestation

Level 4 Felonies

A Level 4 felony in Indiana has a possible prison term of 2 to 12 years, with a recommended sentence of 6 years. Offenses that fall within the category of "Level 4 Felonies" include arson and the illegal possession of a weapon by a violent felony offender.

Level 5 Felonies

If someone has Level 5 felonies on their Indiana Criminal Records, they will serve 1 to 6 years in prison, with an advisory sentence of 3 years. Examples of crimes under this level include:

Involuntary manslaughter
Criminal negligence by using a weapon
Robbery with no injuries

Level 6 Felonies

Prison terms for Level 6 felonies range from six months to 2.5 years, with a one-year advisory sentence. Some of the most common felonies under Level 6 include the following:

Criminal stalking
Car theft
Strangling

A judge may reduce a Level 6 felony to a lesser charge (misdemeanor) in certain circumstances.

Murder

The most severe criminal offense in Indiana is murder. Indiana separates murder from six felony categories. Nonetheless, following Indiana Code (IC) section 35-50-2-3, the permissible punishment for felony murder in Indiana is between 45 and 65 in prison, with a suggested term of 55 years.

Like felonies, the individual guilty of murder may also be fined up to $10,000.

Misdemeanors

In Indiana, misdemeanors are crimes that are less serious than felonies and carry less severe penalties. Indiana misdemeanors are divided into classes: Class A, Class B, and Class C.

Class A Misdemeanors

This category is the most severe misdemeanor type carrying a maximum sentence of one year in jail and up to a $5,000 fine. Examples of Class A misdemeanors in Indiana include the following:

Battery
Petty theft
Rioting
Public obscenity
Driving with a revoked or suspended license that did not cause death
Driving under the influence (DUI)

Class B Misdemeanors

If someone commits any of the following Class B misdemeanors, they risk 180 days in jail and a $1,000 fine:

Public intoxication
Disorderly conduct
Reckless driving
Damage to property
Harassing someone

Class C Misdemeanors

For a Class C misdemeanor, the maximum sentence is 60 days in jail and a $500 fine. The following are all considered class C misdemeanors in Indiana:

Driving without a license
Possessing drug paraphernalia
Using a fraudulent identification card

Indiana law imposes felony penalties for certain repeat misdemeanor crimes and misdemeanors committed against protected people.

The following are examples of recurring misdemeanors that may become felonies:

Selling drug paraphernalia
Financial exploitation
Domestic battery
Obstruction

When a misdemeanor is committed against a vulnerable adult or a public safety official, the charge may also elevate to a felony. Examples include battery and fraud.

How Does Probation Work in Indiana?

In many cases, probation in Indiana is an alternative to incarceration for nonviolent offenders. Instead of serving time in jail or prison, the individual can complete their sentence under community supervision. It allows them to continue working, supporting their family, and contributing to their community while serving their sentence.

IC 35-38-2 governs probation in Indiana. This statute outlines the standards for probation under Indiana law, including restrictions for terms or conditions of probation, modification of probation requests, probation user fees, and probation violation accusations.

When someone receives probation in Indiana, a probation officer will be assigned to oversee their case. A probation officer is appointed by a court or division of a court empowered to impose probation to fulfill the statutory probation tasks prescribed by Indiana law.

The probation officer will work with the individual to create a supervision plan outlining the conditions of probation.

Probation Conditions in Indiana

The conditions of probation in Indiana can vary depending on the nature of the crime and the individual's specific circumstances. However, there are some common conditions often included in probation orders. These conditions ensure compliance with the law, protect public safety, and promote rehabilitation.

Some of the most common conditions of probation in Indiana include the following:

Reporting to a probation officer
Abiding by all laws
Refraining from drug and alcohol use
Maintaining employment
Completing community service
Behavior modification classes
Paying fines and restitution
Participating in counseling or treatment programs
Restriction on travel

If the individual completes their probation term, their sentence is fulfilled, and they can move on with their life without further involvement with the criminal justice system.

In Indiana, the length of probation can vary depending on the nature of the crime and the individual's specific circumstances. The sentencing judge typically determines the length of probation at the time of sentencing.

If a defendant violates a probation condition and the state receives notice of the violation within 45 days after discovery and up to one year after probation termination, the court may revoke probation.

How Does Parole Work in Indiana?

A parole in Indiana is a conditional release from prison that allows eligible felony offenders to serve the remainder of their sentence under the supervision of a parole officer.

The Indiana Parole Board (IPB) is responsible for parole in Indiana. The IPB is a part of the IDOC and comprises five members appointed by the Governor of Indiana. The Parole Board is in charge of reviewing cases of eligible individuals and determining whether to grant parole and the conditions of release.

To be eligible for parole, an individual must have served a portion of their sentence, usually one-half of their term, depending on the offense.

The IPB will consider various factors when determining whether to grant parole, including the nature of the offense, the individual's criminal history, their behavior while incarcerated, and their plans for reintegration into society.

If an individual is granted parole, they will be released from prison and placed under the supervision of a parole officer following their parole conditions.

Conditions of Parole in Indiana

The IPB establishes parole conditions tailored to each parolee's specific needs. Here are some common conditions of parole in Indiana:

Regularly report to their assigned parole officer.
Maintain employment or participate in educational or vocational programs.
Participate in drug or alcohol treatment programs.
Avoid specific individuals, visiting certain locations, or engaging in certain activities.
Seek parole officer permission before leaving the state or going beyond a set distance from their residence.
Perform community service.
Pay fines, fees, or restitution.

If an individual violates the terms of their parole, they may be subject to sanctions, including being returned to prison to complete their sentence. But if an individual completes their parole term, they may be eligible for early discharge from supervision.

How Does Expungement Work in Indiana?

Expungement is a legal process that allows a person to have certain criminal records sealed or erased. It means the individual's Indiana Criminal Records will no longer be publicly available or appear on a background check.

In Indiana, the expungement process is governed by the Indiana Second Chance Law. The law allows individuals to petition for the expungement of certain criminal records, including arrests, charges, and convictions.

Eligibility Requirements of Indiana Expungement

To be eligible for expungement in Indiana, individuals must generally meet the following requirements:

Must have completed all terms of their sentence, including probation or parole
Must wait a certain amount of time after the completion of their sentence
Must not have any pending criminal charges or convictions
Must not have been convicted of any additional crimes during the waiting period
Must have paid all fines, restitution, fees, or court costs

The waiting period to be eligible for Indiana expungement varies depending on the type of offense. It is typically five years for all misdemeanor convictions and eight years for certain felony convictions.

While expungement can provide significant benefits, certain offenses in Indiana are not eligible. These ineligible offenses include:

Sex crimes or violent felonies under the IC section11-8-8-5
Violations resulting in serious bodily injury, such as those convicted of two or more deadly weapon offenses
Crimes involving official misconduct as defined by IC section 35-44.1-1-1

Once a person determines they are eligible for expungement, they must file a petition with the court in the county where the case occurred.

The court will review the petition and may hold a hearing to determine whether to grant the expungement. The person seeking expungement must prove rehabilitation, morality, and good community behavior.

How To Obtain a Criminal Record in Indiana?

Like all other states, Indiana maintains criminal records in a single depository. Local law enforcement agencies and courts in Indiana send criminal record information to the ISP Central Records Division. With these collected records, the ISP created the Criminal History Search Services (CHSS), where you can access and obtain Indiana Criminal Records.

You can conduct a name-based or fingerprint-based criminal record search using this state repository to get information on an individual's criminal history. In addition to processing fees, each search will charge you.

Alternatively, you can complete a Request for Limited Criminal History form to obtain a criminal record. The form requires you to provide your personal information, including your name, address, date of birth, and reason for the request.

After filling out the form, send it, along with a certified check or money order for the required fee, to the ISP Criminal History Limited Check Section mailing address (written in the form). The certified check or money order must be made payable to the ISP. Personal checks are not acceptable.

The ISP typically processes criminal history requests within five to seven business days. Once the request has been processed, you will receive a copy of the limited criminal history by mail.

Note that the CHSS or the limited criminal history searches in Indiana contain only Class A misdemeanor and felony convictions that occurred within the state.

What Are the Criminal Background Check Laws in Indiana?

In Indiana, state and federal laws regulate criminal background check laws. Here's a brief overview of the criminal background check laws in Indiana:

Federal Laws

Two federal laws govern the criminal background check in Indiana. These are the Fair Credit Reporting Act (FCRA) and the Title VII of the Civil Rights Act of 1964.

The FCRA regulates consumer information collection, dissemination, and use, including credit reports and background checks.

Under the FCRA, Consumer Reporting Agencies (CRAs) must follow strict guidelines for collecting and using consumer information. Employers must seek written consent from job applicants before conducting a background check.

The FCRA prohibits CRAs from disclosing information regarding arrests that occurred more than seven years ago but resulted in no convictions. Moreover, judgment liens, civil litigation, bankruptcies, and collection accounts that are seven years or older may not be disclosed.

Meanwhile, Title VII of the Civil Rights Act of 1964 is a principal federal anti-discrimination statute that forbids discrimination against job applicants and employees based on their protected characteristics. It governs the disclosure of criminal history information in Indiana during pre-employment background checks.

The Equal Employment Opportunity Commission (EEOC) advises employers to undertake an individual review targeted to the occupations they are recruiting for before making adverse hiring decisions based on criminal history checks.

State Laws

Numerous state laws govern employment background checks in Indiana. Following IC section 24-4-18-7, CRAs may not deliberately include criminal history information in Indiana employment background check reports older than 60 days.

In addition, IC section 24-4-18-6 prohibits CRAs from knowingly sharing information concerning expunged records, restricted records, inaccurate records, or Level 6 felonies downgraded to Class A misdemeanor convictions.

Lastly, employers in the public sector in Indiana must comply with the executive order forbidding criminal history queries on applications.