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Court correctly denied petition to expunge felony conviction

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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.


 

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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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