(WTHR/NBC News) -- Notorious 1930s gangster John Dillinger will remain where he is buried for now following a ruling from an Indiana judge.
A family member had petitioned the court for permission to exhume Dillinger's grave at the Crown Hill cemetery in Indianapolis to determine who is really buried there.
"I just want the answers for the truth all these years there's been rumors. Once we got the files and looked at those there's a whole lot more evidence it might not be him. We just want some closure and find the truth," Mike Thompson, Dillinger's nephew, says.
Three things need to happen for the exhumation to take place.
A permit from the Health Department was secured. Thompson's gave his permission as a family member. But written approval from the cemetery was denied, and that was the key issue before the judge.
In court, the attorneys representing Crown Hill argued an exhumation would disrupt the solemnness of the cemetery, could damage nearby graves, and pointed out that not all family members agreed with disturbing Dillinger's final resting place.