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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. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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