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Thursday, September 01, 2016

Ind. Decisions - Supreme Court: expungement statute does not include civil forfeiture records

In D.A. v. State of Indiana, an 8-page, 5-0 opinion (Rucker, J., concurs in result), Chief Justice Rush writes:

Indiana’s comprehensive new expungement statutes allow the expungement of records from arrests, juvenile delinquency allegations, criminal charges, and criminal convictions. Here, D.A. successfully petitioned for the expungement of his criminal conviction records. He then filed a second petition asking for the expungement of civil forfeiture records. Because the trial court correctly held that Indiana’s expungement statutes do not reach civil forfeiture records, we affirm the denial of D.A.’s second expungement petition. * * *

Indiana’s comprehensive new expungement statutes provide second chances by broadly allowing records from arrests, juvenile delinquency allegations, criminal charges, and misdemeanor and felony convictions to be expunged. But the plain meaning of the relevant expungement statute does not include civil forfeiture records. Accordingly, we affirm the trial court.

Posted by Marcia Oddi on September 1, 2016 01:22 PM
Posted to Ind. Sup.Ct. Decisions