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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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