Indiana Motion To Seal Juvenile Records

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Multi-State
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US-03332BG
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Word; 
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

Ing to Indiana Public Records Law, members of the general public may request and obtain all criminal records that are issued and maintained by the state's law enforcement agencies.

Records contained within an individual's criminal history file may be expunged or sealed under Indiana law. A petition for expungement or seal can be filed with a local court of jurisdiction in Indiana by an individual (pro se) or by private legal counsel.

Step-by-Step Guide to Obtaining an Indiana Police Report Click here. Select "Search". Select the correct state. Select the correct jurisdiction (i.e. state police, city police, etc.) You will need at least 3 of the following pieces of information: Last Name. Date of Incident. Report Number.

Here are some of the crimes that cannot be expunged in Indiana: Crimes that involve homicide (murder and manslaughter) Multiple convictions for crimes that involve the use of deadly weapons. Crimes that involve sex or violent offenses. Certain misconduct offenses.

Generally, Indiana juvenile records are confidential and statutorily protected from authorized disclosure per Section 31?39?1?2 of the Indiana Code. However, the law allows the disclosure of juvenile records where the juvenile adjudicated guilty waives public restrictions per Section 31?39?2?15.

Although most children under 18 will go through the juvenile justice system, Title 31 of Indiana state law sets out when children may be charged as adults. Young persons over 16 must be tried as adults for certain crimes, including murder, rape, or kidnapping.

The Indiana Second Chance Law allows an individual to petition the court for an expungement of criminal records or to seal certain arrests or convictions. If the petition is granted, a person's criminal history is either expunged, sealed, or marked as expunged, depending on the reason a court granted the petition.

In Indiana, juvenile cases are not automatically expunged when you turn 18. You have to ask the court to expunge your records. There are two ways to do this. You can ask to have your records sealed or you can ask to have them permanently destroyed.

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Indiana Motion To Seal Juvenile Records