Indiana Arrest Records Search

What is Considered an Arrest in Indiana?

Under Indiana law, an arrest is taking a person into custody so that they may be held to answer for a criminal charge. Per Section 35-33-1-1 of the Indiana Code, a law enforcement officer may execute an arrest under various conditions, including the following:

• The officer has probable cause to believe that a suspect has committed, attempted to commit, is committing, or is attempting to commit a felony.
• The officer has a warrant to arrest someone.
• The officer has probable cause to believe that a person is committing or attempting to commit a misdemeanor in their presence.
• There is probable cause that a suspect has committed a domestic battery under Section 35-42-2-1.3 of the Indiana Code or a battery resulting in bodily injury under Section 35-42-2-1 of the state's Code.
• The officer has probable cause to believe that an individual violated Section 35-46-1-15.1 of the Indiana Code (invasion of privacy).
• There is probable cause that a person has violated or is violating an order issued under Section 35-50-7 of the Indiana Code.
• The officer has probable cause to believe that an individual has been convicted of or indicted for one or more aggravated felonies as described in 8 U.S.C. 1101(a)(43).

Typical arrests made in Indiana are for misdemeanors, felonies, and infractions, and such arrests may be made with or without warrants. The state permits private citizens to make arrests in certain situations. For instance, a private person may execute an arrest in Indiana if another individual commits a felony in their presence. A private citizen may also arrest another person who is caught committing a misdemeanor involving a breach of peace in their presence, especially if the arrest is needed to prevent the offender from continually breaching the peace. Furthermore, Indiana law generally permits a private individual to make an arrest if they have probable cause to believe another person has committed a felony.

Indiana arrests generally comply with certain procedures set by state law. A grasp of the following is required to understand this procedure, especially when facing an arrest in the state:

• Custody and Control - In Indiana, being in custody means an individual is formally under arrest, denied their freedom, and not free to leave. Generally, when a person is in custody in the state, they may either be detained in jail, a law enforcement agency's vehicle, or any other secure location. Sometimes, placing a person in handcuffs to ensure control over them may be considered as being in custody. For clarity, in Indiana, custody is a kind of restraint on freedom of movement of the degree associated with a formal arrest.
• Legal Authority - Per Section 35-33-1-1 of the Indiana Code, law enforcement officers have the legal authority to make arrests within the state, with or without a warrant, as long as there is probable cause that a person has committed or is attempting to commit a crime. As stipulated in Section 10-13-8-5 of the state's Code, law enforcement officers in the state typically include state police officers, city police officers, county sheriffs, town marshals, and conservation enforcement officers.
• Miranda Rights - Like every other state, Miranda rights are a critical element of Indiana's criminal justice procedure, including the arrest process. These rights generally protect people's Fifth Amendment rights and Sixth Amendment rights during interrogations by law enforcement officers. The core components of Miranda rights include the right of a suspect to remain silent after arrest and the right to consult with an attorney. In Indiana, law enforcement officers must communicate the Miranda rights warning to suspects clearly before questioning them while they are already in custody. However, there will be no need to read the Miranda rights warnings if there is no questioning during an arrest in the state.
• Restraint and Transport - A law enforcement officer may use some restraints when arresting Indiana, especially without a warrant and if they have probable cause to believe the suspect has committed a crime. Per state law, law enforcement officers in Indiana are justified in using reasonable force if they reasonably believe such force is necessary to effect lawful arrests or enforce criminal laws. In addition, they may use deadly force if they have probable cause to believe that level of force is necessary to prevent the commission of a forcible felony or the imminent threat of severe bodily harm to a third person or the officer and have warned the suspect, if feasible. In Indiana, any person taken into custody for transportation to a detention facility will be properly placed in a restraining device, such as the handcuffs.
• Booking Process - The booking process occurs after an arrest but before a suspect's arraignment. Generally, this process involves taking a suspect's fingerprints and mugshots and collecting personal information, typically including their name, date of birth, address, occupation, and other information about their relatives. During the booking process, law enforcement will also collect a suspect's personal belongings and stow them away until the suspect is released from custody.

While detention may also mean an arrest under Indiana law, lawful detention also means other things in the state. Per Section 35-31.5-2-186 of the state's Code, detention in Indiana may also imply custody after surrender in place of arrest, electronic monitoring, placement in the residential facility of a community corrections program, and detainment in a penal facility. However, in general terms, detainment means holding a person temporarily or briefly for questioning purposes by law enforcement. On the flip side, an arrest involves depriving someone of their freedom and restricting them to legal custody due to criminal charges, and unlike detention, it is made based on probable cause.

What is Unlawful Arrest in Indiana?

An unlawful arrest in Indiana is the illegal deprivation of an individual's liberty without consent or restraint of a person's freedom of movement. Generally, an arrest is unlawful if it cannot be justified by law or was not executed properly in the right manner. Unlawful arrests in Indiana are usually those carried out in breach of established state laws. There are several ways in which unlawful arrests may happen in Indiana, and some of them are discussed below:

• Lack of Probable Cause - Any arrest in Indiana characterized by the absence of probable cause may be considered unlawful. The state's standard for any lawful arrest, as stipulated in Section 35-33-1-1 of the Indiana Code, is that probable cause must exist.
• Violation of Constitutional Rights - In Indiana, any act that violates a person's constitutional rights during an arrest may render that arrest unlawful. For instance, the failure of a law enforcement officer to inform a suspect of their Miranda rights after an arrest and before interrogation can make the arrest unlawful. In addition, an arrest violates a person's constitutional rights if executed without probable cause or if a search is conducted without a warrant under certain circumstances.
• Arrest Without a Warrant - It is not illegal for a law enforcement officer to arrest a person in Indiana. However, a warrantless arrest becomes unlawful if it lacks probable cause and does not comply with other established procedures for making a legal arrest in the state.
• Mistaken Identity - It could be a case of unlawful arrest when a law enforcement officer arrests the wrong person due to mistaken identity.
• Procedural Violation - Any arrest executed in Indiana without following the arrest procedures established by state law (Section 35-33-1 of the Indiana Code) is considered an unlawful arrest.
• Racial Profiling and Discrimination - Generally, a legal arrest should not be based solely on a person's racial or ethnic group or national origin. Any arrest based on racial profiling and discrimination in Indiana is an unlawful arrest and a violation of a person's civil rights.
• Arrest Outside Jurisdiction - Indiana law enforcement officers have no authority outside the state unless federal law or another state specifically authorizes them to do so. Any unauthorized arrest made by such officers outside the state's boundaries is unlawful.

In Indiana, there are many consequences of an unlawful arrest. A wrongfully arrested person may suffer lost wages, bodily harm, property damages, lost opportunities, and reputational damage. They may choose to file a complaint with the appropriate law enforcement agency against the arresting officer who made such an arrest for a possible punishment as determined by the agency. In addition, the victim of an unlawful arrest in Indiana may file a motion requesting the court to dismiss any evidence used to arrest them wrongfully. Furthermore, they may file a lawsuit against the law enforcement agency or the arresting officer to seek monetary compensation for lost wages, pain, medical bills, reputational damage, and property damage.

Are Arrest Records Public in Indiana?

Yes. Unless specifically exempt from public disclosure, like many other government records in the state, Indiana arrest records are considered public records under the Indiana Access to Public Records Act (APRA). A typical arrest record in the county contains information such as the subject's personal information, details of outstanding warrants (if any), fingerprints, mugshots, previous convictions, arrest details (location, date, and arresting agency), and alleged charges. While most arrest records in Indiana are public, some are restricted from public access.

Non-sensitive personal information like name, date of birth, and gender in a person's Indiana arrest record may be publicly accessed. Similarly, physical descriptors (race, weight, height, hair color, eye color, and tattoos), crime classification, booking details, charges filed, and custody details (if the arrestee was detained in a correctional facility) are considered public information in publicly available Indiana arrest records.

The following types and parts of Indiana arrest records are not publicly available to the public:

• Juvenile arrest records
• Expunged arrest records
• Arrestees' Social Security Numbers
• Investigative reports in arrest records, particularly details of active crime investigations

Depending on the nature of a case and the identity of the person involved, mugshots contained in an Indiana arrest record may not always be available for public disclosure. They may be restricted based on factors such as ongoing investigations and the severity of the case/crime committed by the subject of the record.

What are the Types of Arrest Records in Indiana?

Indiana arrest records are available at both the local and state levels. Typically, local-level arrest records are generated from arrests made at the county and city levels, usually at county sheriff's offices and municipal police departments. Each local law enforcement agency maintains records of arrests executed by its officers within their jurisdictions. Arrest records maintained at the state level in Indiana are mostly available as part of the state's criminal records. In addition to other information, Indiana criminal records also contain arrest details/reports. The state's Limited Criminal History report typically contains only misdemeanor and felony arrests and is made available to members of the public by the Indiana State Police (ISP).

Where are Arrest Records Kept in Indiana?

Indiana arrest records are primarily generated by law enforcement agencies. They are meticulously kept as public records and made available to interested members of the public unless marked as confidential, sealed, or restricted from public disclosure by state law. The following are the major government agencies that generally store arrest records in Indiana:

• Local Law Enforcement Agencies - In Indiana, the county sheriff's offices and local police departments are the primary custodians of arrest records, as they file and maintain records of all arrests made within their jurisdictions. Arrest records maintained by local law enforcement agencies typically include information such as the alleged charges, the arrestee's information, the arresting agency's details, and other vital details.
• The Indiana State Police (ISP) - The Indiana State Police (ISP) maintains the Limited Criminal History Search System (LCH), a database for felonies and misdemeanors arrests in the state. However, the completeness of the information kept in the system depends on county participation. The LCH is generally regarded as a central repository for criminal history information, hence arrest records, in Indiana.
• The Indiana Judicial Branch - The clerks' offices in Indiana Courts file and maintain court documents for arrests resulting in court cases. Arrest records kept by the county clerk of courts in the state are typically those that occurred within their jurisdiction and are usually a part of criminal records maintained by the courts.
• The Indiana Department of Corrections (IDOC) - Certain arrest details, including mugshots, of a person incarcerated in the state's Department of Corrections are kept by the department. However, depending on certain factors, there may be limitations regarding access to some of the arrest information maintained by the IDOC.
• Federal Agencies - The Federal Bureau of Investigation (FBI) maintains records of arrests made in Indiana, particularly arrests made concerning federal crimes within the state. However, such records may only be accessed by their subjects.

How To Find Public Arrest Records in Indiana

Public arrest records in Indiana may be accessed in several ways and are available in paper and electronic forms. Anyone interested in obtaining copies or inspecting them may do so either in person, by mail, or online. Generally, the common ways of requesting Indiana public arrest records include the following:

• Requesting Arrest Records From Local Law Enforcement Agencies - Indiana arrest records may be obtained from local police departments and county sheriff's offices. These law enforcement agencies are primarily responsible for arrests within their jurisdictions, and they keep records of such arrests, which are largely created during the booking process. Depending on the locality, most local law enforcement agencies in Indiana accept in-person and mail requests for public arrest records. While some may have dedicated request forms, requesters will largely be able to make their requests using written applications. Some local law enforcement agencies may also make provisions for online ordering of the public arrest records in their custody. It is best to contact the agency in custody of an arrest record of interest and inquire about their process before sending in any request.
• Requesting Arrest Records From The Indiana State Police - At the state level, interested persons may find Indiana public arrest records using the Limited Criminal History Search System (LCH) managed by the Indiana State Police. This system generally allows users to find details of individuals' Class A misdemeanors and felonies arrests within the state using names, race, gender, and date of birth as the search criteria. In some instances, an arrestee's place of birth and social security number may also be used to find their arrest record on the LCH. Depending on the availability of a record, the outcome of a typical Indiana arrest record search using the LCH will be "NO RECORDS FOUND," "INCONCLUSIVE RESULTS," or "ON FILE - Criminal Record Found." A record is usually displayed as a PDF and typically expires after 14 days of completing the search. Hence, it is often advised to print or save a copy of a record at the time of completing a request.

Interested individuals may also request criminal history reports, hence arrest records, from the Indiana State Police by mailing a completed Criminal History Information Form, relevant documents, and appropriate fees to the ISP at:

• Requesting Arrest Records From Third-Party Websites - Third-party online databases, such as RecordsFinder generally offer a convenient means of accessing public records, including Indiana public arrest records. While finding Indiana arrest records on such websites is easy, usually in a few steps (clicks), it is important to know that they are not in any way affiliated with any government agency. As a result, results obtained from record searches using their services may not always be as accurate or complete, and such records must be used responsibly within the bounds of the law.

How Long Do Arrests Stay on the Record in Indiana?

If not expunged, an Indiana arrest record will remain on a person's criminal record indefinitely and on the file of law enforcement agencies. However, an amendment to Section 35-38-9-1 of the Indiana Code makes provision for the automatic expungement of all records, including arrest records, related to criminal charges 60 days after acquittal or dismissal. Nonetheless, this only applies to individuals charged with criminal offenses that were dismissed or acquitted after June 30, 2022. Essentially, unless a person's arrest record is expunged in the state, it will remain accessible to members of the public, including potential lenders, employers, and landlords.

How To Seal or Expunge an Arrest Record in Indiana

Indiana laws permit the Expungement of most arrest records that did not result in convictions and convictions for criminal offenses whose sentences have been fully served. However, individuals convicted of the following are generally not eligible for arrest or criminal record expungement in the state:

• Sexual offenses and violent felonies, per Section 11-8-8-5 of the Indiana Code
• Violations that resulted in serious bodily harm
• Public corruption or official misconduct per Section 35-44.1-1-1 of the Indiana Code
• Voluntary manslaughter, homicide, or involuntary manslaughter

In Indiana, the waiting period for Expungement of an arrest record without conviction is typically one year. The waiting periods for other eligible offenses are listed below:

• Arrests for misdemeanors and lower-level felonies (Class D and Level 6 felonies converted to misdemeanors) may be expunged after 5 years following the date of conviction - Section 35--38-9-2 of the Indiana Code.
• At least 8 years must have passed after the date of conviction for Class D felonies or Level 6 felonies (no bodily injury) arrests - Section 35-38-9-3 of the Indiana Code.
• Arrests for felonies with severe bodily injury or death of another individual may not be expunged until at least 8 years after the date of conviction or 3 years after completing a sentence - Section 35-38-9-4 of the Indiana Code.

Besides the waiting periods for each category, anyone filing for arrest record expungement in Indiana may not have current pending criminal charges. In addition, they must have paid all fines, court costs, fees, and restitution orders. Someone who is eligible for arrest record expungement in Indiana and wishes to expunge their record should file a petition in the court that filed charges against them or entered judgment of conviction. They may also file a petition in the county of the arrest.

Typically, a petition for arrest record expungement in Indiana must include certain information, including the location/county of arrest, date of arrest, and details of the law enforcement agency that executed the arrest. The petitioner is expected to pay a filing fee, and once the petition is filed, the court will review it and, in most cases, schedule a hearing where the petition/request will be considered. If the court grants the petitioner's request for Expungement, the judge will issue an order, which will be sent alongside the verified petition to the Expungement Section of the Indiana State Police (ISP) for processing. The Expungement Section of the ISP will then process, review, and comply with the court order.

Although the expungement of Indiana arrest records seals a person's arrest record within the state's criminal record and is not open for public disclosure, they may still be accessed by law enforcement. Also, if required for criminal investigation and other vital purposes, they may be unsealed by court order.

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