Court orders BMV to hold hearing on whether felon can get ID

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A federal judge has found a convicted felon’s due process clause claim “has teeth” and that the Bureau of Motor Vehicles must determine whether to issue the man an identification card even though his last name on his birth certificate and Social Security card do not match.

Joesph A. Worley filed a lawsuit for declaratory and injunctive relief after the BMV refused to issue him a photo ID under the name he uses. His birth certificate says “Joseph Alan Ivey” but after his mother married his biological father a year later, the Social Security card issued to Worley said “Joesph A. Worley.” He has used that name ever since.

He had been issued a license in the past – it was suspended in the mid-1990s on two occasions for drunken-driving offenses. He was convicted of felony drunk driving in 2007 when he did not have a valid license. In 2011, he attempted to obtain a photo ID and then driver’s license from the BMV. The agency initially refused because the name on his documents didn’t match. Later in the year, he did obtain a photo ID and then a driver’s license, but the BMV shortly thereafter sent a letter seeking he return the license because they were “improperly issued.”

Worley said in his suit that he has not filed for a name change with the courts because of the cost.

“We conclude that his claim was intended to redress Defendant’s conduct, which has effectively impeded his ability to vote, marry, or adopt his natural child,” Judge Sarah Evans Barker wrote in the Oct. 9 order. “The importance of these basic, community-oriented functions cannot be overstated. Thus, we concluded that Mr. Worley’s argument that he has ‘a reasonable expectation [to] be issued a photographic identification card so that he can participate in our democracy on equal terms with other qualified citizens’ has teeth.”

Barker noted that two cases pending on appeal deal with a similar issue, in which two Marion County courts have read I.C. 34-28-1-1 in conjunction with 34-28-2-1 to bar the plaintiffs’ otherwise legitimate petitions for a name change.

“The prescribed state law remedy, although generally acceptable, fails to afford Mr. Worley full protection for important interests,” she wrote.

Barker ordered the BMV to conduct an evidentiary hearing before the Nov. 6 elections. She acknowledged the state agency’s interest in trying to prevent voter fraud, and that at the hearing, it can decide whether Worley’s conduct is fraudulent or otherwise improper.

The case is Joesph A. Worley v. R. Scott Waddell, in his official capacity as Commissioner of the Indiana Bureau of Motor Vehicles, 1:10-CV-1259.



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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.