Destruction of Arrest Record

[WarrantSeeker]

What is the name of your state (only U.S. law)?

What is the name of your state (only U.S. law)? Indiana

I have filed a petition for the destruction of my arrest records. I already had the records sealed under one statute, and now I am seeking their destruction under another. According to Indiana Code 35-38-5 Section 1.(d), "Any agency desiring to oppose the expungement shall file a notice of opposition with the court setting forth reasons for resisting the expungement along with any sworn statements from individuals who represent the agency that explain the reasons for resisting the expungement within thirty (30) days after the petition is filed." It has been over 30 days, and the petition is before the judge. I called the clerk to see if the prosecutor had responded to the petition, but the clerk did not know. Is there a way to find out if the prosecution has responded? Is there any motion that I need to file to have the process expedited? Is there any reason at this point in the process to hire an attorney?

 

[lawbird]

If this helps.


IC 35-38-9-9
Duties of court in ruling on expungement petitions
Sec. 9. (a) If the prosecuting attorney does not object, the court may grant the petition for expungement without a hearing.
(b) The court may summarily deny a petition, if the petition does not meet the requirements of section 8 of this chapter, or if the statements contained in the petition demonstrate that the petitioner is not entitled to relief.
(c) If the prosecuting attorney objects to the petition, the court shall set the matter for hearing not sooner than sixty (60) days after service of the petition on the prosecuting attorney.
(d) A victim of the offense for which expungement is sought may submit an oral or written statement in support of or in opposition to the petition at the time of the hearing. The court shall consider the victim's statement before making its determination.
(e) The petitioner must prove by clear and convincing evidence that the facts alleged in the verified petition are true.
(f) The denial of a petition is an appealable final order.
(g) If the court grants the petition for expungement, the court shall issue an order of expungement as described in section 6 of this chapter.
(h) This subsection applies only to a petition to expunge conviction records filed under sections 2 through 5 of this chapter. This subsection does not apply to a petition to seal arrest records under section 1 of this chapter. A petitioner may seek to expunge more than one (1) conviction at the same time. The petitioner shall consolidate all convictions that the petitioner wishes to expunge from the same county in one (1) petition. A petitioner who wishes to

expunge convictions from separate counties must file a petition in each county in which a conviction was entered.
(i) This subsection applies only to a petition to expunge conviction records filed under sections 2 through 5 of this chapter. This subsection does not apply to a petition to seal arrest records under section 1 of this chapter. Except as provided in subsection (j), a petitioner may file only one (1) petition for expungement during the petitioner's lifetime. For purposes of this subsection, all petitions for expungement filed in separate counties for offenses committed in those counties count as one (1) petition if they are filed in one (1) three hundred sixty-five (365) day period.
(j) A petitioner whose petition for expungement has been denied on the merits, in whole or in part, may file a subsequent petition for expungement with respect to one (1) or more convictions included in the initial expungement petition that were not expunged. A subsequent petition for expungement may be filed not earlier than three (3) years following the denial of a previous expungement petition. A subsequent petition for expungement may not include any conviction that was not included in the initial expungement petition.
As added by P.L.159-2013, SEC.4.

http://www.in.gov/legislative/ic/code/title35/ar38/ch9.html