A Jasper County man who argued the trial court erred in denying his request to expunge a school suspension from his record and in not holding a jury trial has lost both arguments on appeal, with an appellate panel specifically holding that expungement issues are not entitled to a jury trial.
An attorney in northeastern Indiana has been suspended from the practice of law after she was criminally charged. The lawyer has been accused of signing a judge’s name to a phony order in a divorce case and sending emails to an expungement client’s widow posing as a deputy prosecutor.
The Indiana Court of Appeals has overturned the denial of a man’s request for expungement of his post-conviction relief proceedings after determining the Allen Superior Court erred in finding PCR records are not covered by Indiana’s expungement statutes.
After the four participating justices who heard arguments in an expungement case Thursday became deadlocked over the case’s proper disposition, the Indiana Supreme Court reinstated the Court of Appeals order granting a juvenile expungement petition.
Indiana Supreme Court justices focused on the phrase “upon receipt” in analyzing whether an expungement must be granted to a qualified petitioner. But they also puzzled over whether the Legislature would have intended the second-chance statute to extend to people who have subsequent run-ins with the law.