Published: March 11, 2016
Our office continues to be at the forefront of the ever-changing expungement statute here in Indiana. Most recently, Attorney Alexander Hoover initiated an appeal in the David Marshall v. State of Indiana case asking for appellate review of the trial court regarding a petition for expungement. Upon reviewing the briefs of both Mr. Hoover and the Indiana Attorney General, the Court of Appeals affirmed the decision of the trial court. The Court of Appeals reasoned that despite the fact that Mr. Marshall met all requirements under code sections IC 35-38-9-2 and 35-38-9-3, his signing a pre-trial diversion agreement where he admitted guilt to an offense within the required waiting period under the aforementioned code sections was enough for the trial court to conclude that he had not been crime-frime during the required waiting period of those code sections. This was despite the fact that Marshall had been successful on pre-trial diversion and there was no criminal conviction. The Court of Appeals reasoned that the entire statute must be looked at as a whole, and distinguished between the act of committing a crime and the conviction of a crime under the expungement statute.