ILNews

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

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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?

The appeals court affirmed in May the denial of Craig Alvey’s petition to expunge his Class A misdemeanor conviction of possession of cocaine. He originally pleaded guilty to a Class D felony, but the terms of the agreement allowed him to petition to have the conviction reduced after completing his sentence. Before the conviction was reduced, he twice admitted to violating the terms of his probation. These violations served as the basis for the denial of his expungement petition because the trial court and the Court of Appeals held that he did not successfully complete his sentence.

On Wednesday, the judges decided that Alvey should not have to wait three years before he can file a new petition for expungement under the current expungement statute. The statute in effect when he filed required petitioners to wait three years after their petition was denied to file a new petition. The statute in effect now does not contain a three-year waiting period for new petitions unless certain conditions are present, and those conditions do not apply here, Judge Paul Mathias wrote in Craig Alvey v. State of Indiana, 20A04-1310-MI-533.

The original decision is affirmed in all other respects.

 

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  1. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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