ILNews

Man does not need to wait 3 years to file new expungement petition

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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?

The appeals court affirmed in May the denial of Craig Alvey’s petition to expunge his Class A misdemeanor conviction of possession of cocaine. He originally pleaded guilty to a Class D felony, but the terms of the agreement allowed him to petition to have the conviction reduced after completing his sentence. Before the conviction was reduced, he twice admitted to violating the terms of his probation. These violations served as the basis for the denial of his expungement petition because the trial court and the Court of Appeals held that he did not successfully complete his sentence.

On Wednesday, the judges decided that Alvey should not have to wait three years before he can file a new petition for expungement under the current expungement statute. The statute in effect when he filed required petitioners to wait three years after their petition was denied to file a new petition. The statute in effect now does not contain a three-year waiting period for new petitions unless certain conditions are present, and those conditions do not apply here, Judge Paul Mathias wrote in Craig Alvey v. State of Indiana, 20A04-1310-MI-533.

The original decision is affirmed in all other respects.

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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