No slowdown in expungements
The number of petitions filed around the state remains high, but clerks and attorneys say they have adjusted to the workload.
expungement
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Supreme Court agrees to hear civil forfeiture, expungement cases
The justices of the Indiana Supreme Court have agreed to decide whether the state should be allowed to seize a heroin dealer’s Land Rover as a fine for his drug crimes despite the fact that the vehicle is worth four times more than a statutory cap on fines.
Bills dealing with sex crime punishments move to full Senate
Two bills dealing with the punishment of sex crimes are moving to the full Indiana Senate for consideration.
COA: Convicted sex offender can’t seek expungement for unrelated charges
A man convicted of Class D felonies is not eligible for expungement of those offenses because he has also been convicted of sex crimes, the Indiana Court of Appeals decided Friday.
Lawmakers consider bill prohibiting misdemeanor sex-crime expungement
After a high school teacher in Bedford was convicted of a felony for maintaining a sexual relationship with his 17-year-old student, the teacher received alternative misdemeanor sentencing and, upon, successful completion of probation, had the sexual offense expunged from his criminal record.
COA: Law enforcement may not refuse to hire based solely on expunged criminal histories
The Indiana Court of Appeals ruled Thursday that law enforcement agencies are not permitted under state statute to refuse to hire new employees solely because those people have prior criminal histories that have since been expunged.
COA allows juvenile expungement despite pending charge
The Indiana Court of Appeals has allowed a Marion County man’s juvenile record to be expunged after finding that a criminal charge that was filed against him after he filed a petition for expungement cannot be held against him in the expungement case.
COA reverses decision to deny woman’s expungement request
The Indiana Court of Appeals has reversed a Jay Circuit Court decision to deny a woman’s petition for expungement of her records after she was convicted of forgery and dealing in methamphetamine.
Justices rule expungements can’t erase civil forfeitures
The Indiana Supreme Court held Thursday that Indiana’s second-chance laws that allow expungement of certain criminal convictions do not permit erasure of records of civil forfeitures connected to expunged charges.
E-filed documents may tell more than attorneys intend
Court officials are recommending lawyers be cautious when submitting e-filed documents, because those submissions may carry metadata revealing more than an attorney might intend.
Task force recommends expungement filings go online
A panel advising the Indiana Supreme Court on which trial court records should go online has recommended that petitions seeking to expunge criminal records eventually be posted on the state court’s website for public case information.
Can records of civil forfeitures be expunged?
The Indiana Supreme Court is considering whether files on property judgments "relate to the person’s felony conviction."
ILS collaborates with East Chicago Housing Authority to help young adults
Starting this summer, Indiana Legal Services will partner with the East Chicago Housing Authority to help local youths who have criminal records overcome the barriers to jobs, housing and education.
National group recognizes Indiana for criminal justice reform
Indiana is getting a little love on social media Monday for efforts in recent years to reform its criminal justice system. The U.S. Justice Action Network is including the Hoosier state in its national campaign “30 States, 30 Days” to prompt Congress to pass legislation reforming the federal justice system.
COA denies expungement after man admitted to committing crime
The fact that a man admitted to committing a crime was enough to deny expungement of his records, the Indiana Court of Appeals said, despite the fact he was not convicted of one during his expungement time period.
Expunged criminal records still may show up and might be required in some cases
If you’ve stayed out of trouble for the required number of years, Indiana’s expungement statute will erase your criminal record and give you a clean slate. (Individual results may vary.)
Majority: Expungement applies to civil forfeiture action
In a matter of first impression, the Indiana Court of Appeals was divided Thursday over whether a man’s civil forfeiture action that stemmed from a drug bust should have been expunged in addition to his criminal record in the matter.
Reversal: BMV must report driver’s expunged OWI conviction
A trial court erred in prohibiting the Bureau of Motor Vehicles from reporting the operating while intoxicated conviction of a driver who had his criminal record expunged.
Reversal: Expungement petitioner entitled to hearing when prosecutor objects
A trial court erred in denying a man’s expungement petition on a Class B felony conviction of aiding robbery because the statute requires a hearing when a prosecutor objects, the Indiana Court of Appeals ruled Thursday.
Court ordered to reconsider expungement petition
An illegible handwritten note next to a docket entry in a 1976 conviction is not enough to support the trial court’s decision to deny a man’s expungement petition because he had not paid $37 in court costs. The Indiana Court of Appeals ordered the trial court to reconsider the man’s petition.