Class B Felony expungement?
Asked by: sorryidid-ga
List Price: $2.00
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?
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 http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20050516/NEWS01/505160380 ..."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..." INDIANA CODE: IC 35-38-5 - Chapter 5. Expungement of Arrest Records http://www.in.gov/legislative/ic/code/title35/ar38/ch5.html Hope this helps... ~~Cynthia Indiana Felony Expungement petition for expungement Indiana
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