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.
A trial court that rejected an expungement petition because the petitioner had not been arrested on an underage drinking charge got it wrong, the Indiana Court of Appeals ruled Friday.
A man’s 1999 misdemeanor battery conviction that was dismissed when he completed his one-year probation sentence must be expunged, the Indiana Court of Appeals ruled Tuesday, reversing a trial court that denied his petition.
County clerks being overrun by expungement petitions are asking the Legislature to impose a filing fee to help offset the costs of processing the forms and restricting the records.
Expungement clinic attendees were able to schedule meetings with Ivy Tech specialists, who will help them prepare the proper documentation to file expungement requests.
Attorneys say Indiana’s expungement law still has issues that the Legislature needs to fix.
The Children’s Policy & Law Initiative of Indiana is partnering with Indiana University Robert H. McKinney School of Law and Marion County Public Defender Agency to help individuals who have a juvenile record start the expungement process.
A Monroe County attorney who was arrested in 2008 on allegations of misconduct involving his clients and violations of the Indiana Securities Act was unsuccessful in his attempt to have similar charges filed in 2006 expunged.
The statute in effect when a man petitioned to have his Class D felony conviction records expunged said the trial court “shall order” the expungement if all statutory requirements have been met. As a result, the trial court erred in denying Michael Kevin Mallory’s petition based on testimony of his victims.
The Indiana Court of Appeals granted a defendant’s petition for rehearing to address a “perhaps unique question” presented in his petition: Does he have to wait three years before he can file another petition to expunge the records of his Class A misdemeanor conviction?
An Indiana law allowing some criminals to have their records expunged is drawing mixed reviews from judges and attorneys, who say parts of the law don't make sense.
The Indiana Court of Appeals, citing a recent expungement case involving a misdemeanor conviction, agreed with the rationale of that panel that if a person violates the terms of probation, that person did not successfully complete his sentence.
The Indiana Court of Appeals upheld a trial court’s decision to grant a sheriff deputy’s petition for expungement of his arrest record dealing with four counts of Class D felony theft. His employer argued that he received pay from the police force while working at other jobs.
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.
The Indiana Court of Appeals reissued its decision finding the trial court should have granted a man’s petition for expungement. The court originally handed down the opinion in Taylor v. State, 45A03-1310-CR-406, April 17.
Finding that the word “shall” in Indiana Code 35-38-9-2(d) is mandatory language requiring expungement, the Indiana Court of Appeals reversed the denial of a man’s petition to expunge his 2004 misdemeanor sexual misconduct with a minor conviction.
Legislation updating Indiana’s expungement law – including language specifying where a petition for expungement must be filed – is now eligible for consideration by the full House. The expungement bill is one of several that moved out of committee Thursday.
Top cases of 2013 • AM General LLC v. BAE Systems Inc., et al., 71D07-0907-PL00195. St. Joseph Superior Judge Michael P. Scopelitis ruled in April that Humvee maker AM General LLC of Mishawaka is entitled to more than $277 million from the company that supplied kits for troops to retrofit the vehicles with armor, and […]
From big judgments to busy law schools and attorneys in trouble, the Indiana legal community saw it all in 2013. We asked you what you thought were the biggest news stories last year. Here's a recap of what made headlines, with your Top 2 picks kicking off the list.
Morgan County Prosecutor Steve Sonnega has heard the criticism that he’s on the wrong side of the law when he argues that Indiana’s expungement statute is unconstitutional. But he insists he’s right.