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Judges find court should have granted expungement

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Finding that the word “shall” in Indiana Code 35-38-9-2(d) is mandatory language requiring expungement, the Indiana Court of Appeals reversed the denial of a man’s petition to expunge his 2004 misdemeanor sexual misconduct with a minor conviction.

The issue in Jason Taylor v. State of Indiana, 45A03-1310-CR-406, is while I.C. 35-38-9-2, which applies to misdemeanor convictions, may appear clear and unambiguous on its face, it is ambiguous when read in conjunction with I.C. 35-38-9-9(d), which requires the court to consider the victim’s statement before making its determination. Section 2 says that the court “shall order the conviction records described in subsection (b) expunged in accordance with section 6 of this chapter,” as long as conditions outlined in the section are met.

The trial judge denied Jason Taylor’s request to expunge his Class A misdemeanor conviction based on the victim’s testimony. Taylor met all the other conditions outlined in Section 2 and the state agreed his conviction should be expunged.

He pleaded guilty to a sexual misconduct charge as a Class D felony that was later reduced to the Class A misdemeanor.

The interpretation of Section 2 is an issue of first impression for the appeals court.

“We agree with Taylor that Section 35-38-9-2(d) unambiguously requires expungement when all of the statutory requirements are satisfied. Section 35-38-9-2(d) states that the trial court ‘shall order’ the conviction records expunged when all statutory requirements are met. Had the legislature intended the expungement of conviction records under Section 35-38-9-2(d) to be discretionary, it would have used the word ‘may’ instead of the word ‘shall,’” Chief Judge Nancy Vaidik wrote.

This decision does not render Section 9-9(d) meaningless, as the state had argued, because it applies to other sections under Chapter 9 where the trial court is required to consider a victim’s testimony before granting expungement, Vaidik continued.
 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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