Sec. 1. This chapter applies to a person named as the subject of a protection order, and if one (1) of the following applies: (1) A protection order was issued to the plaintiff, but is subsequently terminated due to the: (A) dismissal of the petition before a court hearing on the protection order; (B) denial […]
Sec. 2. The following definitions apply throughout this chapter: (1) “Protection order” means an Indiana civil protection order under IC 34-26-5. The term includes an order for protection and an order for protection ex parte. (2) “Protection order records” means an Indiana civil protection order under IC 34-26-5 and all records that relate to the […]
Sec. 3. (a) At any time after a court dismisses or denies an order for protection following issuance of an order for protection ex parte, as described in section 1(1) of this chapter, the subject of the protection order may petition to expunge protection order records: (1) with the court that issued or denied the […]
Sec. 4. (a) Unless the petition is incomplete, or the petition conclusively indicates that the petitioner is not entitled to relief, the court shall: (1) redact the petitioner’s: (A) date of birth; (B) Social Security number; and (C) driver’s license number; from the petition; (2) serve a copy of the redacted petition under subdivision (1) […]
Sec. 5. The petitioner bears the burden of proof in a proceeding to expunge protection order records. The court shall order the protection order records expunged if the petitioner proves by a preponderance of the evidence that the petitioner is entitled to relief. As added by P.L.219-2019, SEC.2. Amended by P.L.55-2020, SEC.6.
Sec. 6. (a) If a court orders protection order records expunged under this chapter, the court shall do the following with respect to the specific records expunged by the court: (1) Order the office of judicial administration to remove the protection order from the Indiana protective order registry established under IC 5-2-9-5.5. (2) Redact or […]
Sec. 7. A petitioner whose protection order records are expunged under this chapter: (1) shall be treated as if the protection order and petition for protection order had never been filed; and (2) may answer truthfully to a question from the petitioner’s employer or prospective employer that a petition or order of protection has never […]
