expungement

Judge incorrectly considered acquitted charges in denying expungement petition

March 16, 2015
Jennifer Nelson
Facts from an incident that do not result in a felony conviction cannot be taken into consideration by a judge when determining a person is disqualified from filing for mandatory expungement of a different felony conviction resulting from the same incident, the Indiana Court of Appeals held Monday.
More

Bill ensures that expungement law extends to individuals most deserving

March 12, 2015
Marilyn Odendahl
As the Senate Judiciary Committee approved a bill that tweaks Indiana’s 2013 expungement law, the author warned against nitpicking that might undo what he described as the “delicate balance” struck in the comprehensive measure.
More

Court wrongly denied expungement of dismissed conviction

March 10, 2015
Dave Stafford
A man’s 1999 misdemeanor battery conviction that was dismissed when he completed his one-year probation sentence must be expunged, the Indiana Court of Appeals ruled Tuesday, reversing a trial court that denied his petition.
More

Expungement law still being perfected, legislator says

January 29, 2015
Marilyn Odendahl
County clerks being overrun by expungement petitions are asking the Legislature to impose a filing fee to help offset the costs of processing the forms and restricting the records.
More

Ivy Tech helps those with records get second chance

November 12, 2014
 Associated Press
Expungement clinic attendees were able to schedule meetings with Ivy Tech specialists, who will help them prepare the proper documentation to file expungement requests.
More

Second chance law needs a second look

November 5, 2014
Marilyn Odendahl
Attorneys say Indiana's expungement law still has issues that the Legislature needs to fix.
More

Expungement fair aimed at helping individuals with a juvenile record

October 13, 2014
Marilyn Odendahl
The Children’s Policy & Law Initiative of Indiana is partnering with Indiana University Robert H. McKinney School of Law and Marion County Public Defender Agency to help individuals who have a juvenile record start the expungement process.
More

Attorney’s attempt to expunge arrest record denied again

September 12, 2014
Jennifer Nelson
A Monroe County attorney who was arrested in 2008 on allegations of misconduct involving his clients and violations of the Indiana Securities Act was unsuccessful in his attempt to have similar charges filed in 2006 expunged.
More

Court orders man’s records expunged

August 15, 2014
Jennifer Nelson
The statute in effect when a man petitioned to have his Class D felony conviction records expunged said the trial court “shall order” the expungement if all statutory requirements have been met. As a result, the trial court erred in denying Michael Kevin Mallory’s petition based on testimony of his victims.
More

Man does not need to wait 3 years to file new expungement petition

August 6, 2014
Jennifer Nelson
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?
More

Expungement law has good, bad sides, prosecutors say

July 21, 2014
 Associated Press
An Indiana law allowing some criminals to have their records expunged is drawing mixed reviews from judges and attorneys, who say parts of the law don't make sense.
More

Court correctly denied petition to expunge felony conviction

June 25, 2014
Jennifer Nelson
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.
More

Judges affirm expungement of sheriff deputy’s arrest

May 29, 2014
Jennifer Nelson
The Indiana Court of Appeals upheld a trial court’s decision to grant a sheriff deputy’s petition for expungement of his arrest record dealing with four counts of Class D felony theft. His employer argued that he received pay from the police force while working at other jobs.
More

Man’s expungement petition properly denied, COA rules

May 28, 2014
Jennifer Nelson
Because a Marion County man admitted to violating the terms of his probation twice, he cannot meet the requirements of the expungement statute, the Indiana Court of Appeals ruled Wednesday, so the trial court properly denied his petition to expunge his conviction.
More

COA reissues expungement opinion

April 24, 2014
Jennifer Nelson
The Indiana Court of Appeals reissued its decision finding the trial court should have granted a man’s petition for expungement. The court originally handed down the opinion in Taylor v. State, 45A03-1310-CR-406, April 17.
More

Judges find court should have granted expungement

April 17, 2014
Jennifer Nelson
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.
More

Magistrate, expungement bills pass committee

January 17, 2014
IL Staff
Legislation updating Indiana’s expungement law – including language specifying where a petition for expungement must be filed – is now eligible for consideration by the full House. The expungement bill is one of several that moved out of committee Thursday.
More

Indiana Lawyer 2013 Year in Review

January 1, 2014
IL Staff
From big judgments to busy law schools and attorneys in trouble, the Indiana legal community saw it all in 2013. We asked you what you thought were the biggest news stories last year. Here's a recap of what made headlines, with your Top 2 picks kicking off the list.
More

County official puts Indiana's expungement statute on trial

November 6, 2013
Dave Stafford
Morgan County Prosecutor Steve Sonnega has heard the criticism that he’s on the wrong side of the law when he argues that Indiana’s expungement statute is unconstitutional. But he insists he’s right.
More

Expungement forum postponed

September 12, 2013
A second expungement law forum, scheduled for Sept. 17, has been postponed.
More

Old expungement law turns good luck to bad

September 10, 2013
Marilyn Odendahl
A man’s good luck at never being charged with a crime despite four arrests turned bad when he tried to get his record expunged.
More

Old expungement law applies to dropped charges in plea deal, COA rules

August 27, 2013
Dave Stafford
A man who sought to expunge arrest records for charges that were dismissed in a 2011 plea agreement was denied at the trial court but convinced the Indiana Court of Appeals that access to those records should be restricted.
More

State courts post expungement forms online

August 16, 2013
IL Staff
The Indiana Division of State Court Administration has posted more than a dozen sample forms to petition for reduction or elimination of criminal records provided under Indiana’s new expungement statute.
More

Forum on state’s new expungement law scheduled for Aug. 7

July 30, 2013
IL Staff
To address the confusion that has been growing since the state’s new expungement law took effect, a group of state and local lawmakers from Marion County have scheduled a public forum and panel discussion to answer questions about removing old criminal offenses from individual records.
More

Complexity of new expungement law raises questions

July 17, 2013
Dave Stafford
Hundreds rushed to a clerk's office July 1 on a mistaken belief that was the only day they could petition to have their criminal records expunged.
More
Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

ADVERTISEMENT