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

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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.

Alec Lucas pleaded guilty to Class D felony counts of possession of a controlled substance and dealing marijuana, and the state dismissed a D felony count of dealing marijuana, a misdemeanor minor in possession of alcohol count and traffic infractions.

Lucas later filed a petition under I.C. 35-38-5-5.5 to restrict access to the dismissed charges. Marion Superior Judge James Osborn denied the request, concluding that the statute doesn’t apply in instances where some charges are dismissed pursuant to a plea agreement, but others are not.

“While the statute is not a model of clarity, we conclude that it was intended to apply to any dismissed charge and not just in cases where all charges have been dismissed,” Judge Terry Crone wrote for the panel, in Alec Lucas v. State of Indiana, 49A02-1301-CR-51, reversing and remanding to the trial court.

The holding is limited, though, because a new expungement law enacted this year repealed the prior section and made clear that the new law would be on the trial court’s side.

“New Section 35-38-9-1 allows a person to petition a court to seal arrest records if: ‘(1) the arrest did not result in a conviction or juvenile adjudication; or (2) the arrest resulted in a conviction or juvenile adjudication and the conviction or adjudication was vacated on appeal,’” Crone wrote. “The trial court’s approach, however, was more consistent with the new statute than with the statute in effect at the time.”

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

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  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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