10 N.E.3d 1031
Ind. Ct. App.2014Background
- Alvey pled guilty Jan 24, 2007 to Class D felony possession of cocaine; sentence was 18 months suspended to probation.
- He admitted to probation violations on July 18, 2007; trial court sentenced him to 20 days to be served on 5 COWP weekends.
- On Feb 22, 2008, he again admitted probation violations; court imposed the balance of the suspended sentence and ordered placement in Community Corrections.
- Alvey completed his sentence (including Community Corrections) on Sept 18, 2008.
- On Sept 12, 2012, Alvey successfully petitioned to reduce his conviction to a Class A misdemeanor.
- On July 2, 2013, Alvey petitioned to expunge; the State opposed due to prior probation violations; trial court denied on Oct 1, 2013.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether expungement was available given probation violations. | Alvey argues he completed his sentence and is eligible. | State argues violations prevented completion of sentence. | Expungement denied; violations prevent meeting §35-38-9-2(d)(4) requirement. |
Key Cases Cited
- U.S. Steel Corp. v. N. Ind. Pub. Serv. Co., 951 N.E.2d 542 (Ind. Ct. App. 2011) (statutory interpretation; give words their plain meaning)
- Johnson v. Morgan, 871 N.E.2d 1050 (Ind. Ct. App. 2007) (statutory interpretation and legislative intent)
- Sanders v. Bd. of Comm’rs of Brown County, 892 N.E.2d 1249 (Ind. Ct. App. 2008) (interpretation of statute; legislative intent guidance)
- City of N. Vernon v. Jennings Nw. Reg’l Utils., 829 N.E.2d 1 (Ind. 2005) (best evidence of legislative intent is statute language)