Expunging a DCS Substantiation in Indiana: What You Need to Know
Why DCS Substantiations Can Follow You for Years
A substantiation by the Indiana Department of Child Services (DCS) can feel like a permanent mark on your record — and in many ways, it is. Even if you've never been criminally charged or found guilty in court, DCS can determine that a report of child abuse or neglect is “substantiated” and record that finding in its internal system, the Child Protection Index.
This information doesn’t just sit idle. It can be used:
In future DCS investigations
By employers conducting background checks
By agencies reviewing adoption or custody petitions
By licensing boards — particularly in healthcare, childcare, or education
So even if you’ve turned your life around, a DCS substantiation from years ago can still hold you back. The good news? Indiana law allows you to petition to have these records expunged.
What Is a DCS Substantiation?
When DCS receives a report of abuse or neglect, they’re required to investigate. If the investigator finds credible evidence that abuse or neglect occurred — even without a court case or arrest — they can label the report as substantiated.
This substantiation:
Places your name in the Child Protection Index
Can stay in DCS records indefinitely
May be used against you in future investigations or family law cases
Unlike criminal records, substantiations aren’t automatically removed or sealed over time. You must take legal action to remove them.
Who Can Request a DCS Expungement in Indiana?
Under Indiana Code § 31-33-27-5, any person named as a perpetrator in a substantiated DCS report may file a petition to expunge those records. You must:
Be named in a substantiated finding
File in the juvenile court of the county where you live
Name DCS as the respondent in the case
Be able to show clear and convincing evidence that:
You’re not likely to harm a child in the future
The substantiated finding has no significant current value to justify being kept on record
This process is completely separate from criminal expungement — even if your DCS case never resulted in charges, or if you’ve already cleared your criminal record.
How Long Does DCS Keep Records?
By default, DCS may retain substantiated records indefinitely, even beyond the child's 18th birthday. There are automatic expungement rules for unsubstantiated reports — usually after 24 years or by request if they lack probative value — but substantiated cases are not automatically expunged.
That’s why it’s critical to act if these records are affecting your life.
When Are People Typically Substantiated?
Substantiations can happen in many common scenarios. Some examples we've seen include:
A parent tests positive for marijuana during pregnancy, and the newborn’s meconium screen is positive
Children witness domestic violence, even if they weren’t physically harmed
A parent leaves a child unsupervised for what DCS considers an unreasonable amount of time
The family is homeless or living in unstable housing
A one-time incident of discipline or yelling is misinterpreted by a mandatory reporter
These kinds of findings — especially when they occurred years ago and didn’t involve intentional harm — often don’t reflect who the person is today.
What Will the Court Consider in a DCS Expungement Petition?
Expungement of a substantiated report isn’t guaranteed. The court will hold a hearing (unless waived by both parties) and consider a range of factors. Indiana Code § 31-39-8-3 provides guidance on what the court may review, including:
The best interests of the child involved
The nature of the allegations and the disposition of the case
Whether you completed any court-ordered or recommended services
The amount of time that’s passed without further DCS or law enforcement contact
Whether you’ve been involved in any new cases or criminal offenses
Your current circumstances (parenting, stability, employment, etc.)
Example: A substantiation from 2018 related to marijuana use during pregnancy may be viewed very differently today — especially if you stopped using early in the pregnancy, complied with services, and have had no further incidents.
What Does “Clear and Convincing” Mean?
In legal terms, “clear and convincing evidence” is a high standard of proof. You must show the judge — not just argue — that:
You are unlikely to be a future perpetrator of abuse or neglect, and
The records no longer have enough value to justify being kept.
This might involve:
Showing employment in a caregiving role
Character references from people who’ve seen you as a parent
Proof of completed parenting classes or substance treatment
Time passed without new DCS or law enforcement involvement
You can learn more about the different legal burdens of proof — including what “clear and convincing evidence” means — in this detailed guide.
What Happens If the Expungement Is Granted?
If the judge agrees and signs the expungement order, DCS must:
Remove your name from the Child Protection Index
Locate and destroy all paper and electronic records tied to the substantiated report
Notify relevant DCS divisions and caseworkers to ensure full deletion
Prevent the use of that information in any future cases or assessments
According to DCS policy, this includes contacting IT staff to delete records in the case management system and reviewing documentation with DCS legal counsel before destruction.
Can Unsubstantiated Reports Be Expunged Too?
Yes — unsubstantiated reports (those where DCS found no evidence of abuse or neglect) can often be expunged without a court petition.
Under IC 31-33-27-3, you can request expungement directly from DCS. If the report is found to have little probative value, DCS may agree to delete it.
However, even unsubstantiated reports may be retained in limited-access records, so it’s still smart to consult with an attorney before assuming they’re gone.
Why You Should Work With an Attorney
DCS expungements involve multiple legal standards, complex paperwork, and usually a court hearing. Judges have discretion to grant or deny these petitions, so it’s important to build a compelling narrative and present evidence clearly.
At Vining Legal, we handle DCS expungement petitions across Indiana and help clients:
Understand which records are eligible
Draft strong petitions and supporting affidavits
Prepare for hearings and cross any hurdles from DCS
Restore your professional and parental opportunities
Even one substantiation on your record can block a job offer, prevent licensing, or impact a custody case. You’ve already done the work to move forward — we help you clear the record.
Common Questions About DCS Expungement
Can I get a public defender for this?
No — this is a civil matter, not a criminal charge. You’ll need to hire a private attorney or file the petition on your own (pro se), though doing so without legal support is challenging.
Will expungement help with adoption or licensing?
Yes. DCS and many licensing boards check for substantiations, and removing them may improve your chances of getting approved to adopt or work in childcare, healthcare, or education.
Do I have to notify DCS?
Yes. You must name DCS as the respondent in your petition and serve them with a copy and summons.
Ready to Clear Your DCS Record?
Your past doesn’t have to define your future. If you're tired of an outdated substantiation holding you back from employment, licensing, or family rights, it’s time to take action.
We’re here to guide you through the expungement process from start to finish.
👉 Don’t let a past DCS substantiation keep holding you back.
Call or text (317) 759-3225 or schedule your private consultation online today to take the first step toward clearing your record.
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