Court must consider man’s motion to prohibit release of criminal record

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Because a man filed his motion to prohibit the release of his criminal record before the Indiana Legislature repealed the relevant statute, the Indiana Court of Appeals ordered the Hancock Superior Court to consider the motion.

Hancock Superior Judge Dan E. Marshall denied John Alden’s motion on two grounds: Alden failed to provide notice to the Office of the Indiana Attorney General and the Indiana State Police Central Repository; and the Legislature had repealed I.C. 35-38-8-5.

Alden filed his motion to prohibit the release of his criminal record June 4, 2013, and served his motion only on the Hancock County prosecutor. Shortly after he filed the motion, the General Assembly repealed the statute.

Alden argued he met the requirements of the statute, which at the time allowed courts to restrict access to the conviction records of qualifying offenders eight years after they completed their sentences.

The Court of Appeals reiterated its April 30 ruling in Pittman v. State, that I.C. 35-38-8-3 does not require petitioners to serve notice on either the attorney general or the ISPCR.  Alden fulfilled the notice requirements of Indiana Criminal Rule 18 by serving the prosecutor, the adverse party “of record” under the rule. The petition is an additional filing in the criminal case and not a new, free-standing cause of action.

The judges also found I.C. 1-1-5-6 dispositive; the statute applies to the repeal of a statute or part of a statute that has expired and provides that the repeal does not affect the validity of an action taken before the statute has expired.

“While Indiana courts have never interpreted this provision of the Indiana Code, its plain language indicates that a party has a right to pursue an action allowed by statute even if that statute is later repealed, as long as the party undertakes the action prior to the repeal. Accordingly, because Alden filed his motion before the Legislature repealed Indiana Code § 35-38-8-3, we conclude that the repeal did not affect the validity of his action,” Judge Rudolph Pyle III wrote in John Alden v. State of Indiana, 30A05-1309-MI-463.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...