Sec. 7. If a person whose records are expunged brings an action that might be defended with the contents of the records, the defendant is presumed to have a complete defense to the action. For the plaintiff to recover, the plaintiff must show that the contents of the expunged records would not exonerate the defendant. 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. 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.
[Pre-1997 Recodification Citation: 31-6-8-2(f).]
As added by P.L.1-1997, SEC.22.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 39. Juvenile Law: Juvenile Records
Chapter 8. Expungement of Records Concerning Delinquent Child or Child in Need of Services
31-39-8-1. Application of Chapter
31-39-8-1.5. Exclusive Jurisdiction to Expunge Delinquency and Chins Findings
31-39-8-2. Standing; Electronic Records
31-39-8-3. Juvenile Expungement Procedure and Process
31-39-8-3.5. Automatic Expungement of Certain Juvenile Offenses
31-39-8-4. Expungement of Child Abuse or Neglect Information