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Man’s expungement petition properly denied, COA rules

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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.

Craig Alvey was on probation after pleading guilty to Class D felony possession of cocaine in 2007 when he admitted twice to violating the terms of his probation. He completed his sentence in September 2008. In September 2012, he successfully petitioned to have his Class D felony reduced to a misdemeanor conviction.

Alvey filed his petition for expungement of the Class A misdemeanor conviction July 2, 2013, but the trial court denied it after finding he did not successfully complete his sentence.

“The fact that, here, Alvey later successfully completed his sentence in Community Corrections does not negate the fact that he had already violated the terms of his probation. As we explained in Pittman, we think that the intent of the General Assembly, as expressed by this statutory language, was to allow those persons who had successfully completed their sentences without incident to petition the court after the passage of a certain amount of time (here, five years) to expunge the records of their conviction. Here, however, Alvey admittedly violated the terms of his probation twice, and he therefore cannot meet all of the requirements of the expungement statute,” Judge Paul Mathias wrote in Craig Alvey v. State of Indiana, 20A04-1310-MI-533.
 

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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