Second chance law needs a second look
Attorneys say Indiana’s expungement law still has issues that the Legislature needs to fix.
expungement
Articles
Expungement fair aimed at helping individuals with a juvenile record
The Children’s Policy & Law Initiative of Indiana is partnering with Indiana University Robert H. McKinney School of Law and Marion County Public Defender Agency to help individuals who have a juvenile record start the expungement process.
Attorney’s attempt to expunge arrest record denied again
A Monroe County attorney who was arrested in 2008 on allegations of misconduct involving his clients and violations of the Indiana Securities Act was unsuccessful in his attempt to have similar charges filed in 2006 expunged.
Court orders man’s records expunged
The statute in effect when a man petitioned to have his Class D felony conviction records expunged said the trial court “shall order” the expungement if all statutory requirements have been met. As a result, the trial court erred in denying Michael Kevin Mallory’s petition based on testimony of his victims.
Man does not need to wait 3 years to file new expungement petition
The Indiana Court of Appeals granted a defendant’s petition for rehearing to address a “perhaps unique question” presented in his petition: Does he have to wait three years before he can file another petition to expunge the records of his Class A misdemeanor conviction?
Expungement law has good, bad sides, prosecutors say
An Indiana law allowing some criminals to have their records expunged is drawing mixed reviews from judges and attorneys, who say parts of the law don't make sense.
Court correctly denied petition to expunge felony conviction
The Indiana Court of Appeals, citing a recent expungement case involving a misdemeanor conviction, agreed with the rationale of that panel that if a person violates the terms of probation, that person did not successfully complete his sentence.
Judges affirm expungement of sheriff deputy’s arrest
The Indiana Court of Appeals upheld a trial court’s decision to grant a sheriff deputy’s petition for expungement of his arrest record dealing with four counts of Class D felony theft. His employer argued that he received pay from the police force while working at other jobs.
Man’s expungement petition properly denied, COA rules
Because a Marion County man admitted to violating the terms of his probation twice, he cannot meet the requirements of the expungement statute, the Indiana Court of Appeals ruled Wednesday, so the trial court properly denied his petition to expunge his conviction.
COA reissues expungement opinion
The Indiana Court of Appeals reissued its decision finding the trial court should have granted a man’s petition for expungement. The court originally handed down the opinion in Taylor v. State, 45A03-1310-CR-406, April 17.
Judges find court should have granted expungement
Finding that the word “shall” in Indiana Code 35-38-9-2(d) is mandatory language requiring expungement, the Indiana Court of Appeals reversed the denial of a man’s petition to expunge his 2004 misdemeanor sexual misconduct with a minor conviction.
Magistrate, expungement bills pass committee
Legislation updating Indiana’s expungement law – including language specifying where a petition for expungement must be filed – is now eligible for consideration by the full House. The expungement bill is one of several that moved out of committee Thursday.
Top cases of 2013
Top cases of 2013 • AM General LLC v. BAE Systems Inc., et al., 71D07-0907-PL00195. St. Joseph Superior Judge Michael P. Scopelitis ruled in April that Humvee maker AM General LLC of Mishawaka is entitled to more than $277 million from the company that supplied kits for troops to retrofit the vehicles with armor, and […]
Indiana Lawyer 2013 Year in Review
From big judgments to busy law schools and attorneys in trouble, the Indiana legal community saw it all in 2013. We asked you what you thought were the biggest news stories last year. Here's a recap of what made headlines, with your Top 2 picks kicking off the list.
County official puts Indiana’s expungement statute on trial
Morgan County Prosecutor Steve Sonnega has heard the criticism that he’s on the wrong side of the law when he argues that Indiana’s expungement statute is unconstitutional. But he insists he’s right.
Expungement forum postponed
A second expungement law forum, scheduled for Sept. 17, has been postponed.
Old expungement law turns good luck to bad
A man’s good luck at never being charged with a crime despite four arrests turned bad when he tried to get his record expunged.
Old expungement law applies to dropped charges in plea deal, COA rules
A man who sought to expunge arrest records for charges that were dismissed in a 2011 plea agreement was denied at the trial court but convinced the Indiana Court of Appeals that access to those records should be restricted.
State courts post expungement forms online
The Indiana Division of State Court Administration has posted more than a dozen sample forms to petition for reduction or elimination of criminal records provided under Indiana’s new expungement statute.
Forum on state’s new expungement law scheduled for Aug. 7
To address the confusion that has been growing since the state’s new expungement law took effect, a group of state and local lawmakers from Marion County have scheduled a public forum and panel discussion to answer questions about removing old criminal offenses from individual records.