ILNews

Court correctly denied petition to expunge felony conviction

Back to TopCommentsE-mailPrintBookmark and Share

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.

Jereme Lee Wall sought to have his February 1992 conviction of Class C felony criminal mischief expunged. He had all but 120 days of his sentence suspended to probation. But the trial court denied his request, citing that in 1993, Wall admitted to violating his probation by not updating his address with the probation department, resulting in the revocation of the balance of his sentence.  

Indiana Code 35-38-9-4, in effect when Wall filed his expungement petition in September 2013, required that the person seeking expungement have successfully completed the person’s sentence, including any term of supervised release, and satisfied all other obligations placed on the person as part of the sentence.

Wall argued he successfully completed his sentence and term of supervised release, so the trial court was required to expunge his conviction. In Alvey v. State, 20A04-1310-MI-533, the Court of Appeals last month dealt with a similar argument under the statute for misdemeanor convictions. That panel found because Craig Alvey twice admitted to violating probation, he did not “successfully complete” his sentence. The panel noted that the intent of the General Assembly was to allow those who completed their sentences without incident to petition for expungement.

The judges Wednesday agreed with their colleagues.

“We think that the legislature had the same intent in drafting Section 35-38-9-4, which applies to felony convictions. In this case, Wall admitted to violating the terms of his probation, and by doing so he failed to successfully complete his sentence. Wall contends that his probation violation was a ‘technical’ one,” Judge Terry Crone wrote. “However, Section 35-38-9-4 does not distinguish between major and minor violations. Based on the foregoing, we conclude that the trial court properly denied Wall’s petition to expunge his conviction.”

The case is Jereme Lee Wall v. Alfred H. Plummer, III, 85A02-1311-MI-976.


 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  2. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  3. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  4. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  5. I presented my defense against discipline to the Virginia State Bar this morning and the 26-member Board of Discipline 100% rejected what Indiana has done to me, including what Ahler did. Discipline DISMISSED.

ADVERTISEMENT