Indiana

Collateral Consequences in the State of Indiana

Introduction

            Generally, the trend in Indiana is to make more juvenile delinquency information public when allegations involve acts that would be a felony if committed by an adult. In particular, a child’s school must be notified about the arrest and adjudication in certain situations.[1] This trend not only puts the juvenile court under greater public scrutiny, but also exposes the juvenile to the public gaze and consequences that may follow. Despite the various potential collateral consequences following an arrest or adjudication, a court is only required to notify a child of possible driver’s license or permit suspensions[2] and human immunodeficiency virus (“HIV”) testing, which may later be revealed to potential victims.[3] However, the distinction between juvenile adjudications and adult convictions provide protection on job and higher education applications. Finally, juveniles are not automatically placed on the sex offender registry following a qualifying adjudication, which shields some children from a long-term consequence.

Understanding the Justice System

In Indiana, each county has a circuit court or superior court designated as the court with exclusive original jurisdiction in proceedings in which the child is alleged to be a delinquent child.[4]

Definition a delinquent child

There are two definitions of a delinquent child, one involving acts that would be a crime if committed by an adult and the other referring to status offenses.[5]

With regards to criminal acts, if a child is less than eighteen years old and commits an act that would be an offense if committed by an adult, the child commits a delinquent act.[6] Some traffic offenses may also result in adjudication.[7] Throughout the state, proceedings in which the child is less than sixteen years old and is alleged to have committed an act that would be a misdemeanor traffic offense take place in juvenile court.[8] The Marion County (Indianapolis) superior court juvenile division also has exclusive original jurisdiction if a child is sixteen or seventeen years old, has been taken into custody in Marion County, and has allegedly committed an act that would be a misdemeanor traffic offense if committed by an adult.[9]  The juvenile court also has exclusive original jurisdiction if the child is alleged to have committed the offense of operating a vehicle while intoxicated.[10]

            A child may also be a delinquent child due to the commission of a status offense.  This occurs when a child under the age of eighteen commits a status offense and is found to be in need of care, treatment, or rehabilitation that the child, (1) is not receiving; (2) is unlikely to accept voluntarily; and (3) is unlikely to be provided with or accept without the coercive intervention of the court.[11]  Status offenses include leaving home without permission,[12] violating the compulsory school attendance law,[13] habitual disobedience,[14] violating curfew,[15] certain acts involving minors and alcoholic beverages and certain acts involving minors and fireworks.[16]

            With regards to infractions, a juvenile court has jurisdiction of only those infractions related to alcohol and minors.[17]

Applicable ages for juvenile court jurisdiction

            For purposes of Indiana’s juvenile law, a child is a person who is less than eighteen years of age or eighteen, nineteen, or twenty years of age and who is either charged with a delinquent act committed before the person’s eighteenth birthday or alleged to have committed an act that would have been murder if committed by an adult, who was less than eighteen years of age at the time of the alleged act, and who is currently less than twenty-one years of age.[18]

Procedures for waiver (transfer) to adult court – automatic and discretionary

The prosecuting attorney has the sole authority to file a petition alleging delinquency in juvenile court[19] with the juvenile court’s permission,[20] or to file charges in adult criminal court.[21] If a child is at least sixteen years old, there are certain crimes that are specifically excluded from juvenile court jurisdiction and are directly filed in an adult criminal court.[22] Once a child is charged with an excluded offense[23] in adult criminal court, the court will retain jurisdiction, even if the child pleads guilty to a lesser-included offense that could have been filed in juvenile court.[24]

For allegations in juvenile court, a court may waive jurisdiction to the court that would have jurisdiction had the act been committed by an adult.[25] Waiver is for both the offense charged and all included offenses.[26] However, there is a presumption in favor of disposing of juvenile matters within the juvenile system – waiver to criminal court jurisdiction is considered a last resort.[27] The decision to file a petition to waive jurisdiction is within the discretion of the prosecuting attorney, and a juvenile court is required to inquire about a prosecuting attorney’s intentions to seek waiver at every initial hearing on a petition alleging delinquency.[28]

The waiver of jurisdiction statutes are categorized as permissive or presumptive. Waiver of juvenile court jurisdiction is permissive when, (1) the child is at least fourteen years old and is charged with a felony that is heinous or aggravated, or is part of a repetitive pattern of delinquent acts;[29] or (2) the child is at least sixteen years old and is charged with a felony relating to controlled substances.[30] Waiver of jurisdiction is presumptive when, (1) the child is at least ten years old and charged with murder;[31] (2) the child is at least sixteen years old and charged with a Class A or Class B felony (except related to controlled substances), involuntary manslaughter, or reckless homicide;[32] or (3) the child is charged with a felony and has a previous conviction of a felony or non-traffic misdemeanor.[33]

If a court grants a waiver of juvenile court jurisdiction and a child is later alleged to have committed an act that would be a felony if committed by an adult, the juvenile law will not apply to that child. [34]   Once jurisdiction has been waived, there is no way to reverse it.[35]

There is no statutory authority to return a child from adult criminal court jurisdiction to juvenile court jurisdiction, except in the case of a filing error.[36] If an adult criminal court determines that a defendant is less than eighteen years old, that the child has not been the subject of a waiver of juvenile court jurisdiction proceeding, and the crimes charged are not subject to direct filing, then adult criminal court shall immediately transfer the case to the juvenile court for further proceedings.[37]

Notification of Collateral Consequences of Juvenile Arrest & Court Records

There is very little information about collateral consequences that must be disclosed to a child. During the initial hearing, a court is required to notify a child of the dispositional alternatives available to the court if a child is adjudicated a delinquent child.[38] One enumerated disposition alternative is the invalidation of a child’s driver’s license or permit.[39] A court must also advise a child that if the child committed a criminal sexual act or a controlled substance-related offense that involved the delivery or use of a contaminated sharp, which is capable of cutting or penetrating the skin and has been in contact with blood or bodily fluids, or risk of HIV transmission, it shall order the child to undergo a confirmatory HIV test.[40] If confirmed, the state department of health shall notify any potentially affected victims.[41]

Treatment of Juvenile Arrest Records

Are photographs and fingerprints routinely collected?

A law enforcement agency may take and file fingerprints and photographs of a child if, (1) the child is taken into custody for an act that would be a felony if committed by an adult; and (2) the child was at least fourteen years old when the act was committed.[42] If latent fingerprints are found during the investigation of an offense and law enforcement has probable cause to believe that the latent fingerprints belong to a certain child, an officer may fingerprint a child for comparison purposes.[43] A juvenile court may, by general order, limit fingerprinting and photographing of children to specific offenses.[44]

If law enforcement chooses to take a child’s fingerprints or photographs, the law enforcement agency will give written notice of a child’s rights to destruction of the fingerprints or photographs to the child and the child’s parent, guardian, or custodian.[45] The fingerprint and photograph files shall be separated from those of adults[46] and must be stored in such a way that those persons without authority to access juvenile records will be precluded from gaining access.[47]

Destruction of fingerprints or photographs

            Upon written request of a child or a child’s parent, guardian, or custodian, a law enforcement agency shall destroy or deliver to a child fingerprints or photographs within the agency’s possession if, (1) the child was taken into custody and no petition was filed against the child; (2) the petition was dismissed because of mistaken identity; (3) the petition was dismissed because no delinquent act was actually committed; or (4) the petition was dismissed for lack of probable cause.[48] If the law enforcement agency forwarded copies of the fingerprints or photographs to any agency of the United States, any other state or the State of Indiana, the law enforcement agency shall request in writing that all copies be returned for destruction or presentation to the child.[49]

            Whenever fingerprints or photographs are expunged from the files or a law enforcement agency, the agency may retain no other information about the incident; however, there is no requirement that other law enforcement records or juvenile court records be altered.[50]

If a child has a record of prior arrests or if another charge is pending, a law enforcement agency is not required to destroy a child’s fingerprints or photographs.[51]  

Is DNA routinely collected?

DNA collection from juvenile suspects is not addressed in the statutory code.

Are juvenile arrest records made public?

            If law enforcement records involve allegations that would be a crime if committed by an adult, the following information is public record: (1) the nature of the alleged offense, including the time, location, and property involved; (2) the identity of the victim; (3) a description of the method of apprehension; (4) any instrument of force used; (5) the identity of any officers assigned to the investigation, except undercover units; and (6) the age and sex of any child apprehended or sought.[52] However, although all of the aforementioned information is public, the identity of the child apprehended or sought is public record only if the arrest involves an offense over which the juvenile court does not have jurisdiction or if the act that would be a controlled substance felony as specified by statute.[53] In addition, records relating to the detention of any child in a secure facility shall be open to public inspection.[54]

All other law enforcement records are confidential, including those involving the investigation of status offenses.[55] However, a person who is at least eighteen years of age may waive the restrictions on access to the person’s record, if the person does so in writing, stating the terms of the waiver.[56]

What juvenile arrest data may be distributed?

Release of confidential law enforcement records without permission: There are several ways by which confidential law enforcement records will be released. For instance, some agencies and people have access to the confidential law enforcement records without the need to seek specific permission from the head of a law enforcement agency, including, (1) a law enforcement acting within the officer’s lawful duties;[57] (2) the juvenile court judge or any authorized staff member;[58] (3) any party and the party’s attorney to a juvenile court proceeding, unless the person has been denied access to a pre-dispositional report or records of a dispositional hearing;[59] (4) a criminal court judge or any authorized staff, if the records are to be used in a presentence investigation in that court;[60] (5) the prosecuting attorney or any authorized member of the staff;[61] or (6) the attorney for the department of child services, any authorized staff member, or any authorized staff member of the department of child services ombudsman.[62] It should be noted that a juvenile court judge and court employees may not exercise any jurisdiction over juvenile records maintained by law enforcement agencies unless specifically provided in juvenile law.[63]

Mandatory release of confidential law enforcement records: When the information is necessary for certain judicial proceedings, the head of a law enforcement agency must, upon request, release confidential information.[64] In criminal or juvenile delinquency proceedings, any party to the proceeding shall be granted access to law enforcement records if the information is to be used to impeach a person as a witness or to discredit a person’s reputation, if a person places reputation at issue.[65] Additionally, if the victim of a delinquent act requires the child’s name to proceed with a civil action for damages, the head of the law enforcement agency shall release the name.[66] A victim may also ask the law enforcement agency if there is probable cause to believe that a specified child committed the act.[67]  Finally, access is also granted to a juvenile’s school.[68]

Discretionary release of confidential law enforcement records: if a person has a legitimate interest in the work of an agency or in a particular case, a law enforcement agency or designee may release confidential law enforcement records.[69]  An interested person who is granted access to law enforcement records is not bound by the confidentiality provisions and may disclose the contents of the records.[70]  In exercising this discretion, the head of the law enforcement agency shall consider the best interests of the safety and welfare of the community and whether this interest is best served by the public’s ability to obtain information about the identity of anyone charged with the alleged commission of any act that would be murder or a felony if committed by an adult or an act that would be part of a pattern of less serious offenses.[71]

Finally, the head of a law enforcement agency may release records to those involved in a legitimate research activity.[72]  Release is subject to agreement and must specify the terms of a researcher’s use of the records.[73] A researcher must provide written information about the purpose of the project, including any intent to publish the findings; the nature of the data to be collected; how the researcher intends to analyze the data; the records the researcher seeks to review, and the safeguards the researcher will take to protect the identity of persons whose records will be reviewed.[74] A law enforcement agency must determine that the proposed identity safeguards are adequate[75] and inform the researcher of the provisions surrounding disclosure,[76] including the criminal liability of a person who recklessly fails to protect the records.[77]

Treatment of Juvenile Court Records and Confidentiality of Court Proceedings

At what point in the court process do records begin?

            A juvenile court record begins in the same manner as an adult record..[78]

Where and how are juvenile records stored?

            The clerk of courts maintains official court records.[79] The probation department for the juvenile court also maintains information relating to delinquent children who receive juvenile law services.[80] A juvenile court is required to take appropriate actions to protect juvenile records from unauthorized disclosure.[81]

What is in a juvenile court record and who has access?

            Juvenile court records may contain a variety of documents, but the confidentiality statutes apply to the following records: chronological case summaries, index entries, summonses, warrants, petitions, orders, motions, and decrees.[82] All juvenile court records listed are confidential and available only in accordance with statutory law.[83] A person who is at least eighteen years of age may waive the restrictions on access to the person’s records if the person does so in writing.[84]  In addition, certain entities and agencies may exchange records on delinquent children without a court order, including courts, law enforcement agencies, the Department of Correction, the Department of Child Services, the Office of the Secretary of Family and Social Services, public or nonpublic primary or secondary schools, and the Department of Child Services ombudsman, if the information or records are not confidential under state or federal law.[85]

            Public records: The records of the juvenile court are available without a court order to the public whenever a petition has been filed alleging that a child is delinquent as the result of any of the following acts or combination thereof: (1) murder or a felony if committed by an adult; (2) an aggregate of two unrelated acts that would be misdemeanors if committed by an adult if the child is at least twelve years old when the acts were committed, or an aggregate of five unrelated acts that would be misdemeanors if committed by an adult if the child is less than twelve years of age when the acts were committed.[86] Information released includes the child’s name, age, nature of the offense, chronological case summaries, index entries, summonses, warrants, petitions, orders, motions (excluding motions concerning psychological evaluations and child abuse and neglect), decrees, and the child’s photograph.[87] The clerk of the juvenile court shall place all other records in an envelope marked “confidential” inside the child’s court file.[88]

            Mandatory notice of adjudication to primary or secondary school: If an individual enrolled in a primary or secondary school has been adjudicated a delinquent child for an act that would, as an adult, be a Class A, Class B, or Class C felony, or two Class D felonies, the judge shall give written notice of the adjudication to the chief administrative officer or school superintendent.[89] The notice may only include the felony for which the child was adjudicated and the juvenile law disposition.[90] If the court later modifies the juvenile law disposition, the court shall notify the school or school district of the disposition modification.[91]

Release of confidential records without a court order: Confidential juvenile court records are available to many persons and agencies without a court order, including the judge or any authorized staff;[92] any party and the party’s attorney, if the records are applicable to the proceedings in which the person is a party;[93] the judge of a criminal court or any authorized staff member if the record is to be used in a presentence investigation in that court;[94] the prosecuting attorney or any authorized staff member;[95] an attorney for the department of child services;[96] any authorized staff member of the county office, the Department of Child Services, the Department of Correction, or the Department of Child Services ombudsman;[97] or the parents of a child subject to a custody or child support proceeding.[98]

In addition, employees of child services, caseworkers, or juvenile probation officers may access juvenile court records without a court order to assist in determining the appropriateness of out-of-home placement or to conduct a criminal history check.[99]

Mandatory release of confidential records, if requested: If requested, the juvenile court must grant access to confidential juvenile records to any person involved in a legitimate research activity under an agreement similar to the one required for the release of law enforcement records.[100]

The juvenile court must also grant any party to a criminal or juvenile delinquency proceeding access to a person’s legal records if the information may be used to impeach the person as a witness or to discredit the person’s reputation if the person places reputation at issue.[101] The information released may only be used in criminal or juvenile delinquency proceedings.[102]

Discretionary release of confidential records: A juvenile court has discretion to grant access to confidential records in certain circumstances. Access to a child’s records and a child’s family records may be granted to any person providing services to that child or child’s family.[103]  In addition, a juvenile court may grant access to a school upon written request if necessary for the school to serve the needs of the child whose record is being released or protect others in the school.[104]

The juvenile court may also grant the victim of a delinquent act, or a member of the victim’s family, access to the court’s legal records if the information may be used in a civil action against a child’s parent or a child who has committed a delinquent act.[105] A person with access may disclose the contents if necessary to prosecute any civil action.[106]

Access to the court’s legal records may also be granted to any person having a legitimate interest in the work of the court or a particular case.[107] In exercising its discretion, the court will consider whether the best interests of the safety and welfare of the community are generally served by the public’s ability to obtain information about the alleged commission of an offense that would be murder, a felony if committed by an adult, or is part of a pattern of less serious offenses.[108] As with law enforcement records, if access is granted, the person receiving the records is not bound by the confidentiality provisions and may disclose the contents of the records.[109]

Access to school records generated in connection with a preliminary inquiry

            If a preliminary inquiry about a delinquent act takes place in a school and is conducted in the presence of school officials, any record of the proceeding compiled by school officials is confidential and is not open to the public.[110]         

Confidentiality of juvenile court proceedings

            A delinquency proceeding is open to the public whenever a petition is filed alleging that a child has committed an act that would be murder or a felony if committed by an adult.         [111] However, a juvenile court can determine whether the public should be excluded from other proceedings.[112] Upon motion of certain parties, a court may issue an order closing a proceeding during testimony of certain individuals, including a child witness or child victim,[113] a health care provider,[114] or certain mental health care providers.[115]

Expunging Delinquency Arrest Records, Court Records, and Records of Services

Does the state permit indigent defenders to provide post-dispositional advocacy in the form of limiting distribution of juvenile records?

             The state neither permits nor denies advocacy. Indiana has a decentralized indigent defense delivery system that is administered at the county-level. The State Public Defender’s Office also provides assistance with post-conviction remedies.[116]

How does a juvenile seal or expunge personal records?

            There is no statutory authority to seal a juvenile record.  However, any person may petition a juvenile court at any time to expunge records pertaining to the person’s involvement in juvenile delinquency proceedings from the court’s files, law enforcement agency files, and the files of any other person who has provided services to a child under a court order.[117] In considering whether to grant a petition, a juvenile court may review: (1) the best interests of the child; (2) the age of the person during the person’s contact with the juvenile court or law enforcement agency; (3) the nature of any allegations; (4) whether there was an informal adjustment or an adjudication; (5) the disposition of the case; (6) the manner in which the person participated in any court ordered or supervised services; (7) the time during which the person has been without contact with the juvenile court or with any law enforcement agency; (8) whether the person acquired a criminal record; and (9) the person’s current status.[118]

            If the court grants the expungement petition, it shall order each law enforcement agency and each person who provided treatment for the child under court order to send that person’s records to the court.[119] The records may be destroyed or given to the person to whom the records pertain.[120]

Use of expunged records in civil action

            If a person whose records are expunged brings an action that might be defended with the contents of a record, the defendant is presumed to have a complete defense to the action.[121] To recover, a plaintiff must show that the contents of the expunged records would not exonerate the defendant.[122] The plaintiff may be required to state under oath whether the plaintiff had records in the juvenile justice system and whether those records were expunged.[123] If the plaintiff denies the existence of the records, the defendant may prove the existence of the records in any manner compatible with the law of evidence.[124]

Challenging Court Record and Arrest Record Accuracy

            A person on whom confidential juvenile court records are maintained may request that the court modify any information that the person believes is incorrect or misleading.[125] A person on whom confidential law enforcement records are maintained may request that the law enforcement agency modify any information that the person believes to be incorrect or misleading.[126]

Employment Opportunities

Can juvenile records be viewed for employment purposes?

             Some, if the records are part of the public record.  The records of the juvenile court are available to the public without a court order whenever a petition has been filed alleging that a child is a delinquent as the result of any of the following alleged acts or combination of alleged acts: (1) murder or a felony if committed by an adult; (2) an aggregate of two unrelated acts that would be misdemeanors if committed by an adult if the child is at least twelve years old when the acts were committed; or (3) an aggregate of five unrelated acts that would be misdemeanors if committed by an adult if the child is less than twelve years of age when the acts were committed.[127]

            If a child is placed on the sex or violent offender registry, an employer will have access to some information about the case through the registry website.[128]

What information do employers see?

            If a child is adjudicated for an act or combination of acts that make the records open the public, the information that is released to the public are the child’s name, age, nature of the offense, chronological case summaries, index entries, summonses, warrants, petitions, orders, motions (excluding motions concerning psychological evaluations and child abuse and neglect), decrees, and the child’s photograph.[129]

Can employers view juvenile records that are expunged?

             An expunged record is either destroyed or returned to the juvenile, so an employer will not have access.[130]

How should juveniles respond to inquiries about a record on job applications?

            If asked if the child has ever been convicted of a crime, the answer would be, “no,” since juvenile delinquents are adjudicated, not convicted.[131]

Collateral Consequences Affecting Elementary & Secondary Education Students

Can a complaint or charge brought against a juvenile affect elementary school or high school education?

Students may be disciplined, suspended or expelled for engaging in unlawful activity on or off school grounds if the unlawful activity may reasonably be considered to be an interference with school purposes or an educational function, or the student’s removal is necessary to restore order or protect persons on school property – including an unlawful activity during weekends, holidays, other school breaks, and the summer period when a student is not attending classes or other school functions.[132]

If a child is taken into custody for a specified crime or act,[133] the law enforcement agency that takes the child into custody shall notify the chief administrative officer or superintendent of the school in which the child is enrolled that the child was taken into custody and of the reason why the child was taken into custody.[134] This notification must occur within forty-eight hours after the child is taken into custody.[135] A law enforcement agency may not disclose information that is confidential under state or federal law to a school or school district as part of the notification.[136]

In addition, the juvenile court has discretion to grant a school access to all or a portion of the juvenile court records of a student upon written request of a superintendent or administrator.[137] The school must submit a written request that establishes that the records are necessary for the school to serve the educational needs of the child or to protect the safety or health of a student, employee, or volunteer at the school.[138] If the records are released, the juvenile court must provide notice to the child and the child’s parent, guardian, or custodian that the juvenile’s records have been disclosed to the school.[139] The juvenile court must also issue an order requiring the school to keep the records confidential.[140]

How long can a juvenile be suspended or expelled from school as a result of contact with the criminal justice system?

            The amount of time varies depending on the circumstances of the juvenile’s actions and the charges.

First, it is important to understand that the definition of a suspension versus an expulsion. A suspension is any disciplinary action whereby a student is separated from school attendance for not more than ten days.[141] An expulsion is a disciplinary action whereby a student is separated form school attendance for (1) a period exceeding ten school days, (2) the balance of the current semester or current year, or (3) the period prescribed by statute,[142] which may include an assignment to attend an alternative school, an alternative educational program, or a homebound educational program.[143]

A principal may suspend a student for not more than ten school days for the following:[144] (1) student misconduct or substantial disobedience when a student is on grounds immediately before, during, or immediately after school hours, or at any other time when school is being used by a school group; off school grounds at a school activity, function, or event; or traveling to or from school or a school activity, function, or event;[145] or (2) engaging in unlawful activity on or off school grounds if, (a) the unlawful activity may reasonably be considered to be an interference with school purposes or an educational function; or (b) the student’s removal is necessary to restore order or protect others on school property, including an unlawful activity during weekends, holidays, other school breaks, and the summer period when a student is not attending classes or other school functions.[146]

The superintendent or the person designated by the superintendent may continue the suspension of a student for more than the ten school day period of the principal’s suspension and until the time of an expulsion decision[147] if the superintendant or the designated person determines that the student’s continued suspension will prevent or substantially reduce the risk of interference with an educational function or school purposes or a physical injury to the student, other students, school employees, or visitors to the school.[148]

Generally, a student may not be expelled for longer than the remainder of a school year if the misconduct occurs during the first semester.[149] If a student is expelled during the second semester, the expulsion remains in effect for summer school and may remain in effect for the first semester of the following year, unless otherwise modified or terminated by order of the governing body.[150] However, a student who is identified as bringing a firearm[151] or destructive device[152] to school or on school property or is in possession of a firearm or destructive device on school property must be expelled for at least one calendar year, with the return of the student to be at the beginning of the first school semester after the end of the one year period.[153]  The superintendent may, on a case-by-case basis, modify the period of expulsion.[154]

If a student is at least sixteen years of age and wishes to reenroll after an expulsion or exclusion, the appropriate authorities may require that the student attend an alternative program.[155]

Notwithstanding any other law, a suspension, expulsion or other disciplinary action against a student who is a child with a disability[156] is subject to procedural requirements[157] and rules adopted by the board.[158]

If a youth is suspended or expelled from school because of a charge, a complaint brought against him or her, an adjudication or admission to a crime, is there any relief available?

            There is no statutory authority to appeal a suspension. If the student is expelled, the student or the student’s parent has the right to appeal to the governing body, if a written appeal is filed within ten days of receipt of a notice of expulsion meeting results.[159] Judicial review of a governing body’s action by the circuit or superior court of the county in which a student resides is limited to the issue of whether the governing body acted without following the required statutory procedures.[160]

Can a youth be suspended or face expulsion from elementary or secondary school, even if the records are expunged?

            No, an expunged record is either destroyed or returned to the juvenile.[161]  However, it is important to remember that a school is often notified of a juvenile’s actions well before the record is expunged, making this issue somewhat irrelevant since the juvenile can be suspended or expelled beforehand.[162]

Are there any collateral consequences affecting access to state higher education for a juvenile that has been adjudicated delinquent or charged with a crime?

Indiana University Bloomington,[163] Indiana University-Southeast,[164] and Purdue University[165] ask questions related to prior behavior and school discipline as opposed to convictions.  These questions may lead to the disclosure of a juvenile record.  In addition, acts that would be a felony if committed by an adult are not confidential, and may be revealed through a records check on any higher education application.

Must a youth who applies for state financial aid disclose juvenile adjudications?

 Yes, if applying for the Twenty-first Century Scholars Program. To qualify for the Twenty-first Century Scholars Program (an annual tuition scholarship program), the student must certify in writing that the student has not used controlled substances, illegally consumed alcoholic beverages, and has not committed any other crime or a delinquent act.[166]

Collateral Consequences to Receipt of Public Benefits & Privileges

Can a juvenile record (or a household member’s juvenile record) affect eligibility for public housing?       

There is no Indiana statutory authority addressing these issues. The State of Indiana website notes that Section 8 federal regulations require certain obligations and if a family fails to meet these obligations – including engaging in drug-related or criminal activity –participation in the program may be terminated.[167]

Federal law states that households with a juvenile adjudication for a sex offense are banned from public housing.[168] Persons involved in manufacturing or otherwise producing methamphetamine on the premises of a federally-assisted housing program are also banned.[169]

Juveniles are banned from public housing for three years when evicted for drug-related activity.[170] This includes drug abuse.[171] The housing provider may make an exception for a family if the juvenile successfully completes a supervised drug rehabilitation program approved by the local public housing authority or the circumstances leading to the eviction no longer exist (for example, if the juveniles are placed in a secure facility).[172]

Can an arrest or an adjudication of a juvenile household member result in a family being evicted from public housing?         

            In some cases the municipality’s laws may be overbroad enough to include juvenile arrests and adjudications as effectuating an eviction.

            With regards to federal regulations, a juvenile’s delinquent acts may cause eviction from rental housing, whether private or public; an adjudication is not necessarily required. 

            Federal law states that, for housing projects, drug-related criminal activity by juvenile household members may result in the entire family being evicted, even if the delinquent conduct does not occur on public housing property.[173] For other housing funded through the Department of Housing and Urban Development, drug-related criminal activity committed on or near the premises, or any criminal activity that threatens the health, safety or right to peaceful enjoyment of residents living in the immediate vicinity, may also result in eviction.[174] Illegal drug use or a pattern of illegal drug use or alcohol abuse that interferes with the health, safety, or right to peaceful enjoyment of the premises may result in eviction, although evidence of rehabilitation may be considered.[175] Persons violating probation or parole may also be evicted from federally funded housing.[176] Again, local public housing authorities may have additional rules regarding eviction.

Can a juvenile record affect a driver’s license or permit?

There are several ways in which a juvenile record can impact a juvenile’s driver’s license or permit.

School Attendance: An individual who is at least thirteen years of age but less than fifteen years of age and is a habitual truant may not be issued an operator’s license or a learner’s permit to drive a motor vehicle until the individual is at least eighteen years of age.[177] Each governing school body shall establish the definition of a habitual truant, which must, minimally, define the term as a student who is chronically absent, by having unexcused absences from school for more than ten days of school in one school year.[178] If the individual’s attendance record has improved, the governing body may determine that the child may become eligible to be issued an operator’s license or a learner’s permit.[179]

If a delinquent child has an adjudication for violation of the compulsory school attendance law[180] and has previously been determined to be a delinquent child due to the commission of the same act, the juvenile court shall order the bureau of motor vehicles to invalidate the child’s driver’s license or permit for a period of not less than ninety days but not more than one year.[181]

In addition, if an individual who is subject to the compulsory school attendance statutes has not received consent to withdraw from school and fails to return to school at the beginning or during the semester, the bureau of motor vehicles shall revoke any license or permit issued and no additional licenses or permits may be issued until the individual is at least eighteen years of age.[182] If the school subsequently gives consent to the individual to withdraw from school, the individual shall no longer be considered a dropout for purposes of a license or permit.[183]

Minors and alcohol-related offenses: If the child is alleged to have operated a vehicle while intoxicated, the court will immediately suspend the child’s driving privileges.[184] If the case is resolved in the child’s favor, the record of the suspension shall be removed.[185] If the child is adjudicated delinquent, the court will suspend the child’s driving privileges for six months to two years for a first offense and up to five years for subsequent offenses.[186]

If a minor knowingly possesses an alcoholic beverage, consumes it, or transports it on a public highway when not accompanied by at least one parent or guardian, the court shall order the driver’s license suspended for at least sixty days, and may suspend the license for up to one year.[187] If a minor is recklessly in a tavern, bar, or other public place where alcoholic beverages are sold, bartered, exchanged, given away, provided, or furnished (with certain statutory exceptions[188]), the minor’s driver’s license shall be suspended for up to one year.[189] If a person uses or has possession of a driving license or permit of another person with the intent to violate or evade or attempt to violate or evade any provision of law relating to the sale, purchase, use, or possession of alcoholic beverages, the driver’s license shall be suspended for at least ninety days.[190] A minor who uses a false or altered driver’s license or the driver’s license of another person as evidence of majority shall have the minor’s driver’s license suspended for one year.[191]

Controlled substances and prescription drug-related offenses: If the child is adjudicated delinquent for dealing in a controlled or counterfeit substance, possession of a controlled substance or prescription drug without a prescription, or conspiring to commit any of the aforementioned acts, juvenile court will order the child’s driver’s license or permit invalid for at least six months but not more than one year from the time the child would otherwise be eligible for a learner’s permit.[192] If the child has prior adjudications for the same acts or the delinquent act was committed on school property, within one thousand feet of school property, or on a school bus, the juvenile court shall order the bureau of motor vehicles to invalidate the child’s operator’s license for at least six months but not more than two years from the time the child would otherwise be eligible for a learner’s permit.[193] If the court orders the maximum suspension or invalidation and the child commits no further delinquent acts, the court may enter an order allowing the child to receive a license or permit before the period of invalidation or denial is completed.[194]

Criminal mischief or graffiti: If the child commits an act that would be criminal mischief or institutional mischief if committed by an adult that involves the use of graffiti, the juvenile court may order the bureau of motor vehicles to suspend the child’s operator’s license or invalidate the child’s learner’s permit for one year beginning on the date of the order.[195] If the child removes or paints over the graffiti or has made other suitable restitution, the court may rescind the order for suspension or invalidation and allow the child to receive a license or permit.[196]

Fuel theft: If a child commits an act that would be fuel theft if committed by an adult, the juvenile court shall order the Bureau of Motor Vehicles to suspend the child’s operator’s license or invalidate the child’s learner’s permit for thirty days.[197]

Sex and Violent Offender Registry

When will a juvenile have to register?

The terms “sex offender[198]” or “sex or violent offender[199]” include a child who has committed a delinquent act and is (a) at least fourteen years of age, (b) on probation, parole, or discharged from a correctional, private, or juvenile facility as a result of a sexual offense of sexual violent offense, and (c) found by the court by clear and convincing evidence to be likely to repeat an act that would be a listed offense.[200]

            In making a determination, the court shall consider expert testimony concerning whether the child is likely to repeat an act that would be a listed offense if committed by an adult.[201]

            Once a court determines that a juvenile will be listed on the registry, the juvenile is treated as an adult for this purpose and is subject to all relevant adult statutes regarding exposure,[202] information disclosed,[203] length of time registered,[204] and potential relief.[205]

[1] Ind. Code § 31-37-4-3(b) (2010); Ind. Code § 35-50-8-1(a) (2010).
[2] Ind. Code § 31-37-19-4 (2010); Ind. Code § 31-37-19-5(b)(3) (2010).
[3] Ind. Code § 31-37-19-12(a); (b) (2010).
[4] Ind. Code §§ 33-33-1-1 to 33-33-92-6 (2010). See,e.g., Ind. Code § 33-33-3-7 (2010) (every county has a similar statute designating original jurisdiction over juvenile proceedings).  
[5] Ind. Code § 31-37-1-1 (2010); Ind. Code § 31-37-2-1 (2010).
[6] Ind. Code § 31-37-1-1 (2010); Ind. Code § 31-37-1-2 (2010).
[7] Ind. Code § 31-30-1-1(8) (2010).
[8] Ind. Code § 31-30-1-1(8) (2010).
[9] Ind. Code § 31-30-1-8 (2010).
[10] Ind. Code § 31-30-1-1(9) (2010); Ind. Code § 9-30-5-1 (2010).
[11] Ind. Code § 31-37-2-1 (2010).
[12] Ind. Code § 31-37-2-2 (2010).
[13] Ind. Code § 31-37-2-3 (2010).
[14] Ind. Code § 31-37-2-4 (2010).
[15] Ind. Code § 31-37-2-5 (2010).
[16] Ind. Code § 31-37-2-7 (2010).
[17] Ind. Code § 31-30-1-2(2) (2010).
[18] Ind. Code § 31-9-2-13(d) (2010).
[19] Ind. Code § 31-37-10-1 (2010).
[20] Ind. Code § 31-37-10-2 (2010).
[21] Ind. Code § 35-34-1-1(b) (2010).
[22] These “direct file” crimes include murder, attempted murder, kidnapping, rape, criminal deviate conduct, armed robbery with a deadly weapon, robbery that results in bodily injury or serious bodily injury, carjacking, criminal gang activity, carrying a handgun without a license if charged as a felony, dealing in a sawed off shotgun, or any offense that may be joined with any of the previously listed offenses; Ind. Code §31-30-1-4(a) (2010). Additional direct file crimes include manufacturing or dealing in cocaine or a narcotic drug; or dealing in a schedule I, II, III, or IV controlled substance, if the child is at least sixteen years of age and has a prior unrelated conviction or adjudication for manufacturing or dealing in controlled substances; Ind. Code §31-30-1-4(b) (2010). 
[23] Excluded offenses include but are not limited to:attempted murder, murder, kidnapping, rape, criminal deviate conduct, robbery, car jacking etc.
[24] Ind. Code § 31-30-1-4(c) (2010).
[25] Ind. Code § 31-30-3-1 (2010).
[26] Id.
[27] Atkins v. State, 259 Ind. 596, 598, 290 N.E.2d 441, 443 (Ind. 1972).
[28] Ind. Code § 31-37-12-4 (2010).
[29] Ind. Code § 31-30-3-2 (2010).
[30] Ind. Code § 31-30-3-3 (2010).
[31] Ind. Code § 31-30-3-4 (2010).
[32] Ind. Code § 31-30-3-5 (2010).
[33] Ind. Code § 31-30-3-6 (2010).
[34] Ind. Code § 31-30-1-2(3) (2010).
[35] Id. 
[36] Ind. Code § 31-30-1-9 (2010).
[37] Ind. Code § 31-30-1-11 (a) (2010).
[38] Ind. Code § 31-37-12-5(4) (2010).
[39] Ind. Code § 31-37-19-4 (2010); Ind. Code § 31-37-19-5(b)(3) (2010).
[40] Ind. Code § 31-37-19-12(a) (2010); § 31-37-19-12(b) (2010).
[41] Ind. Code § 31-37-19-12(e) (2010).
[42] Ind. Code § 31-39-5-1(a) (2010).
[43] Ind. Code § 31-39-5-3 (2010).
[44] Ind. Code § 31-39-5-1(b) (2010).
[45] Ind. Code § 31-39-5-5 (2010).
[46] Ind. Code § 31-39-5-2 (2010).
[47] J.B. v. State, 868 N.E.2d 1197 (Ind. Ct. App. 2007), trans. denied, 878 N.E.2d 214 (Ind. 2007).
[48] Ind. Code § 31-39-5-4(a) (2010).
[49] Ind. Code § 31-39-5-6 (2010).
[50] Ind. Code § 31-39-5-7 (2010).
[51] Ind. Code § 31-39-5-4(b) (2010).
[52] Ind. Code § 31-39-3-2 (2010).
[53] Ind. Code § 31-30-3-3 (2010); Ind. Code § 31-39-3-2(7) (2010).
[54] Ind. Code § 31-39-3-3 (2010).
[55] Ind. Code § 31-39-3-4 (2010).
[56] Ind. Code § 31-39-4-13 (2010).
[57] Ind. Code § 31-39-4-2 (2010).
[58] Ind. Code § 31-39-4-3 (2010).
[59] Ind. Code § 31-39-4-4 (2010).
[60] Ind. Code § 31-39-4-5 (2010).
[61] Ind. Code § 31-39-4-6 (2010).
[62] Ind. Code § 31-39-4-7 (2010).
[63] Ind. Code § 31-39-4-14 (2010).
[64] Ind. Code § 31-39-4-2 (2010).
[65] Ind. Code § 31-39-4-10(a) (2010).
[66] Ind. Code § 31-39-4-11 (2010).
[67] Ind. Code § 31-39-4-11 (2010).
[68] See infra notes 133-167.
[69] Ind. Code § 31-39-4-8(a) (2010).
[70] Ind. Code § 31-39-4-8(b) (2010).
[71] Ind. Code § 31-39-4-8(a) (2010).
[72] Ind. Code § 31-39-4-9 (2010).
[73] Ind. Code § 31-39-4-9(4) (2010).
[74] Ind. Code § 31-39-4-9(1) (2010).
[75] Ind. Code § 31-39-4-2 (2010).
[76] Ind. Code § 31-39-4-9 (2010).
[77] Ind. Code § 31-39-4-9(3) (2010).
[78] Ind. Code § 31-32-1-2 (2010). 
[79] Ind. R. Trial P. 77.
[80] Ind. Code § 31-31-10-1 (2010); Ind. Code § 31-31-10-2 (2010).
[81] Ind. Code § 31-39-1-2 (2010).
[82] Ind. Code § 31-39-1-1 (2010).
[83] Ind. Code § 31-39-1-2 (2010).
[84] Ind. Code § 31-39-2-15 (2010).
[85] Ind. Code § 31-39-2-6.5 (2010); Ind. Code § 31-39-9-1 (2010).
[86] Ind. Code § 31-39-2-8(a) (2010).
[87] Ind. Code § 31-39-2-8(b) (2010).
[88] Ind. Code § 31-39-2-8(c) (2010).
[89] Ind. Code § 35-50-8-1(a) (2010).
[90] Ind. Code § 35-50-8-1(c) (2010).
[91] Ind. Code § 35-50-8-1(d) (2010).
[92] Ind. Code § 31-39-2-2 (2010).
[93] Ind. Code § 31-39-2-3(a) (2010).
[94] Ind. Code § 31-39-2-4 (2010).
[95] Ind. Code § 31-39-2-5 (2010).
[96] Ind. Code § 31-39-2-6(1) (2010).
[97] Ind. Code § 31-39-2-6(2) (2010).
[98] Ind. Code § 31-39-2-7 (2010).
[99] Ind. Code § 31-39-2-6 (2010).
[100] Ind. Code § 31-39-2-11(4) (2010).
[101] Ind. Code § 31-39-2-12(a) (2010).
[102] Ind. Code § 31-39-2-12(b) (2010).
[103] Ind. Code § 31-39-2-9 (2010).
[104] Ind. Code § 31-39-2-13.8(a), (b) (2010).
[105] Ind. Code § 31-39-2-13(a) (2010).
[106] Ind. Code § 31-39-2-13(b) (2010).
[107] Ind. Code § 31-39-2-10(a) (2010).
[108] Ind. Code § 31-39-2-10(a) (2010).
[109] Ind. Code § 31-39-2-10(b) (2010).
[110] Ind. Code § 31-39-6-1 (2010).
[111] Ind. Code § 31-32-6-3 (2010).
[112] Ind. Code § 31-32-6-2 (2010).
[113] Ind. Code § 31-32-6-4(a) (2010).
[114] Ind. Code § 31-32-6-4(b) (2010).
[115] Ind. Code § 31-32-6-4(c) (2010).
[116] Indiana Courts, Indiana State Public Defender’s Office, http://www.in.gov/judiciary/defender/ (last visited July 18, 2010).
[117] Ind. Code § 31-39-8-2 (2010).
[118] Ind. Code § 31-39-8-3 (2010).
[119] Ind. Code § 31-39-8-5 (2010).
[120] Ind. Code § 31-39-8-6 (2010).
[121] Ind. Code § 31-39-8-7 (2010).
[122] Id.
[123] Id.
[124] Id.
[125] Ind. Code § 31-39-7-1 (2010).
[126] Ind. Code § 31-39-7-2 (2010).
[127] Ind. Code § 31-39-2-8(a) (2010).
[128] Indiana Sex and Violent Offender Registry, http://www.icrimewatch.net/indiana.php  (last visited July 18, 2010).
[129] Ind. Code § 31-39-2-8(b) (2010).
[130] Ind. Code § 31-39-8-6 (2010).
[131] Ind. Code § 31-32-2-6 (2010).
[132] Ind. Code § 20-33-8-15 (2010).
[133] These include murder, attempted murder, voluntary manslaughter, involuntary manslaughter, aggravated battery, battery, kidnapping, sex crimes listed in Ind. Code § 35-42-4-1 (2010) through Ind. Code § 35-42-4-8 (2010), sexual misconduct with a minor, incest, Class A or B Felony robbery, Class A or B Felony burglary, carjacking, Class C Felony assisting a criminal, Class B or C Felony escape, Class C Felony trafficking with an inmate, causing death with a motor vehicle, Class B Felony criminal confinement, Class A or B Felony Arson, possession, use or manufacture of a weapon of mass destruction, Class B Felony terroristic mischief, and hijacking or disrupting an aircraft; Ind. Code § 31-37-4-3(a) (2010).
[134] Ind. Code § 31-37-4-3(b) (2010).
[135] Ind. Code § 31-37-4-3(c) (2010).
[136] Ind. Code § 31-37-4-3(d) (2010).
[137] Ind. Code § 31-39-2-13.8(a) (2010).
[138] Ind. Code § 31-39-2-13.8(b) (2010).
[139] Ind. Code § 31-39-2-13.8(c) (2010).
[140] Ind. Code § 31-39-2-13.8(d) (2010).
[141] Ind. Code § 20-33-8-7(a) (2010).
[142] Ind. Code § 20-33-8-16 (2010).
[143] Ind. Code § 20-33-8-3(a) (2010).
[144] Ind. Code § 20-33-8-18(a) (2010).
[145] Ind. Code § 20-33-8-14 (2010).
[146] Ind. Code § 20-33-8-15 (2010).
[147] Ind. Code § 20-33-8-20 (2010).
[148] Ind. Code § 20-33-8-23 (2010).
[149] Ind. Code § 20-33-8-20(a) (2010).
[150] Id.
[151] Ind. Code § 35-47-1-5 (2010).
[152] Ind. Code § 35-47.5-2-4 (2010).
[153] Ind. Code § 20-33-8-16(d) (2010).
[154] Ind. Code § 20-33-8-16(e) (2010).
[155] Ind. Code § 20-33-8-20(a) (2010).
[156] Ind. Code § 20-35-1-2 (2010).
[157] 20 U.S.C. § 1415 (2010).
[158] Ind. Code § 20-33-8-34 (2010).
[159] Ind. Code § 20-33-8-19(d) (2010).
[160] Ind. Code § 20-33-8-21 (2010).
[161] Ind. Code § 31-39-8-6 (2010).
[162] See supra pp.12-13 section “Can a complaint or charge brought against a juvenile affect elementary or high school education?”
[163] Indiana University Bloomington, Freshman Application for Admission, http://admit.indiana.edu/doc/IU_Freshman_App_10-11.pdf (last visited July 10, 2010). 
[164] Indiana University Southeast, Application for Admission, http://www.ius.edu/admissions/pdf/applicationweb.pdf (last visited July 11, 2010). 
[165] Purdue University, Undergraduate Application, http://www.purdue.edu/Admissions/Undergrad/documents/Undergrad_App.pdf (last visited July 10, 2010). 
[166] Ind. Code § 21-12-6-6 (2010).
[167] Indiana Housing & Community Development Authority, Section 8: Tenant Based Vouchers, http://www.in.gov/ihcda/2512.htm (last visited July 18, 2010).
[168] 42 U.S.C. § 13663(a) (2010).
[169] 42 U.S.C. § 1437n(f) (2010); 24 C.F.R. § 966.4(l)(iii)(A) (2010).
[170] 42 U.S.C. § 13661(a) (2010); 24 C.F.R. § 982.553 (2010).
[171] 42 U.S.C. § 13361(b) (2010).
[172] Id.
[173] 42 U.S.C. § 1437d(l)(6) (2010); 24 C.F.R. § 966.4(f)(12)(i) (2010).
[174] 42 U.S.C. § 1437f(d)(1)(B)(iii) (2010).
[175] 42 U.S.C. § 13662 (2010).
[176] 42 U.S.C. § 1437f(d)(1)(B)(v) (2010).
[177] Ind. Code § 20-33-2-11(a) (2010).
[178] Ind. Code § 20-33-2-11(b)(1) (2010).
[179] Ind. Code § 20-33-2-11(e) (2010).
[180] Ind. Code § 31-37-2-3 (2010).
[181] Ind. Code § 31-37-19-4 (2010).
[182] Ind. Code § 20-33-2-28.5(f),(g) (2010).
[183] Ind. Code § 20-33-2-28.5(h) (2010).
[184] Ind. Code § 31-37-5-7(a) (2010).
[185] Ind. Code § 31-37-5-7(e) (2010).
[186] Ind. Code § 31-37-19-17.3 (2010).
[187] Ind. Code § 7.1-5-7-7 (2010).
[188] Ind. Code § 7.1-5-7-11 (2010).
[189] Ind. Code § 7.1-5-7-10(a) (2010).
[190] Ind. Code § 9-24-18-8(a) (2010).
[191] Ind. Code § 7.1-5-7-1(b) (2010).
[192] Ind. Code § 31-37-19-13 (2010).
[193] Ind. Code § 31-37-19-14 (2010).
[194] Ind. Code § 31-37-19-19 (2010).
[195] Ind. Code § 31-37-19-17 (2010).
[196] Ind. Code § 31-37-19-20 (2010).
[197] Ind. Code § 9-25-6-21 (2010); Ind. Code § 31-37-19-17.2 (2010).
[198] Ind. Code § 11-8-8-4.5 (2010).
[199] Ind. Code § 11-8-8-5 (2010).
[200] Ind. Code § 11-8-8-4.5(b) (2010); Ind. Code § 11-8-8-5(b) (2010).
[201] Ind. Code § 11-8-8-4.5(c) (2010); Ind. Code § 11-8-8-5(c) (2010).
[202] Indiana Sex and Violent Offender Registry, http://www.icrimewatch.net/indiana.php (last visited July 18, 2010).
[203] Ind. Code § 11-8-8-8 (2010); Indiana Sex and Violent Offender Registry, http://www.icrimewatch.net/indiana.php (last visited July 18, 2010).
[204] Ind. Code § 11-8-8-19 (2010).

[205] Ind. Code § 11-8-8-22 (2010).