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Q: Class B Felony expungement? ( Answered,   0 Comments )
Subject: Class B Felony expungement?
Category: Miscellaneous
Asked by: sorryidid-ga
List Price: $2.00
Posted: 30 Mar 2006 17:27 PST
Expires: 29 Apr 2006 18:27 PDT
Question ID: 713783
Can a Class B felony conviction for "Dealing Cocaine" in the State of
Indiana- that is 20 years old (1985) be expunge, sealed, or records
restricted to Law enforcement only?
Subject: Re: Class B Felony expungement?
Answered By: cynthia-ga on 30 Mar 2006 17:51 PST
Hi sorryidid,

It's possible, but not likely. Indiana is very strict:

States vary in approaches to sealing records 
Indiana's strict requirements make expungements all but nonexistent there
..."An Indiana case can be expunged only if the wrong person was
arrested; there was no probable cause for the arrest; or if charges
were never filed or were dropped because a judge decided that no
offense occurred, Clark Circuit Judge Daniel Donahue said.

So even if a jury acquits someone, the case can't be expunged, and no
conviction -- even a minor misdemeanor -- can disappear from the court
record, he said.

However, people can appeal to Indiana State Police to seal convictions
from a statewide records repository if it's been at least 15 years
since the sentence was completed and there are no subsequent
convictions. The information remains in court records and is still
available to criminal justice agencies..."

IC 35-38-5 - Chapter 5. Expungement of Arrest Records

Hope this helps... 


Indiana Felony Expungement
petition for expungement Indiana
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