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Old expungement law turns good luck to bad

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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.

The Indiana Court of Appeals upheld the denial of H.M.’s four petitions to restrict the disclosure of his arrest records, finding he was not eligible for expungement under the former expungement law.

H.M. was arrested multiple times between December 1993 and January 2002 for a variety of incidents including battery, public intoxication, criminal trespass, theft and receiving stolen property. Each time, the state did not file charges.

In February 2013, he filed petitions to restrict the disclosure of his four arrest records. His request was considered under the state’s old expungement statute contained in Indiana Code 35-38-5-5.5.

The Court of Appeals noted the former law applies in this case because H.M. filed his petitions and the trial court summarily denied the petitions before Indiana’s new expungement law was enacted on July 1, 2013.

Agreeing with H.M. that “charge” and “to charge” are not defined in the state’s criminal statutes, the Court of Appeals found guidance in I.C. 35-33-1-1 and Epperson v. State 530, N.E.2d 743, 746 (Ind. Ct. App. 1988) which hold that criminal prosecution can start only with the filing of an information or indictment.

Since prosecuting attorneys never filed charges after H.M. was arrested, H.M. was not “charged,” the COA concluded in H.M. v. State of Indiana, 49A04-1304-CR-157. Therefore, he is not eligible to restrict the disclosure of his arrest records.

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  • restricted access v. expungement
    Technically speaking, H.M. should have filed under 35-38-5-1 which is the actual expungement provision under the 'old law'. And also technically speaking, this part of the old law was not repealed when 35-38-9 went into effect. I don't know whether s/he was represented at the superior court level, but if s/he was self-represented this might have been a 'simple' issue of using the incorrect form. The article is not careful with the jargon surrounding this type of case. Expungement, sealing, and restricted access all had different meanings, just as ‘sealing’ and ‘expungement’ have different meanings now that the law has changed #superconfusing. If H.M. had asked for expungement it should have been granted, but H.M. apparently asked for 'restricted access' which is NOT the same thing. At the end of the day, the point of these laws is to make it possible for someone to get a job! Call it what you will, folks who have 'paid their debt' (sentence, parole, probation, fees, etc.) should not continue to be punished for years, even decades, after. Most folks have no idea that ANY arrest results in an entry on their criminal history and it DOES NOT magically go away. I’ve seen IMPD reports, mostly of arrests not resulting in convictions, that go back to 1968!!! How do we expect them to move at any kind of ‘upward trajectory’ if they can never get away from things done (or *not* done, in the case of dismissed/not filed charges) in the past?

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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