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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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My daughter made a big mistake 10 years ago - and was ...

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My daughter made a big mistake 10 years ago - and was arrested and convicted of theft from her employer. As a first-time offender at age 23, she was ordered to make restitution of about $7K., and served a 2yr. probation. She has since married and has 2 kids. She is wanting to attend school to become an x-ray tech. - but we are concerned the felony record will prevent thisfrom happening. Is there any way to get record expunged - or do you have any suggestions? Thank you, XXXXX XXXXX
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Michelle replied 6 years ago.

Dear fyjmo69

I had your answer all typed out and the system malfunctioned. Please be patient while I report this so you can get your answer. Thank you

Expert:  Michelle replied 6 years ago.

Dear fyjm069

Unfortunately, as you can see from the law below, IN does not allow for an expungement - but your daughter should apply for a pardon which could help her get the expungement - however, there are no guarantees - but that is her only shot.

The pardon needs to be applied for via the Indiana Parole Board (even though she was never on Parole)

IC 35-38-5-1 - Petition; grounds; verification; filing; contents; service; notice of opposition; hearing

Sec. 1. (a) Whenever:

(1) an individual is arrested but no criminal charges are filed against the individual; or

(2) all criminal charges filed against an individual are dropped because:
(A) of a mistaken identity;
(B) no offense was in fact committed; or
(C) there was an absence of probable cause;
the individual may petition the court for expungement of the records related to the arrest.

IC 11-9-2
Chapter 2. Commutations, Pardons, Reprieves, and Remissions

IC 11-9-2-1
Application
Sec. 1. An application to the governor for commutation of sentence, pardon, reprieve, or remission of fine or forfeiture shall be filed with the parole board. The application must be in writing and signed by the person seeking gubernatorial relief or by a person on his behalf. The board may require the applicant to furnish information, on forms provided by the parole board, that it considers necessary to conduct a proper inquiry and hearing regarding the application.
As added by Acts 1979, P.L.120, SEC.2.

IC 11-9-2-2
Recommendation of parole board to governor; notice to victim or next of kin of victim
Sec. 2. (a) As used in this section, "victim" means a person who has suffered direct harm as a result of a violent crime (as defined in IC 5-2-6.1-8).
(b) The parole board shall submit to the governor its recommendation regarding an application for commutation of sentence, pardon, reprieve, or remission of fine or forfeiture. Before submitting its recommendation, the parole board shall do all of the following:
(1) Notify:
(A) the sentencing court;
(B) the victim of the crime for which the person was convicted (or the next of kin of the victim if the victim is deceased or incompetent for any reason), unless the victim has made a written request not to be notified; and
(C) the prosecuting attorney of the county where the conviction was obtained.
(2) Conduct an investigation, which must include the collection of records, reports, and other information relevant to consideration of the application.
(3) Conduct a hearing where the petitioner and other interested persons are given an opportunity to appear and present information regarding the application. The hearing may be conducted in an informal manner without regard to formal rules of evidence.
(c) The notice to a victim or the next of kin of a victim that is sent under subsection (b)(1) must comply with the requirements for notices to victims that are established under IC 11-13-3-3.
As added by Acts 1979, P.L.120, SEC.2. Amended by P.L.126-1985, SEC.1; P.L.134-1993, SEC.1; P.L.1-1994, SEC.42.

IC 11-9-2-3
Constitutional power of governor


Sec. 3. This chapter does not limit the constitutional power of the governor to grant pardons, reprieves, commutations, or remissions of fines and forfeitures.
As added by Acts 1979, P.L.120, SEC.2.

IC 11-9-2-4
Conditional pardon; removal of disabilities applicable to holding handgun permit or license
Sec. 4. The governor may issue a pardon that conditions the removal of all disabilities applicable to holding a handgun permit or other license issued under IC 35-47-2 upon a determination by the superintendent of state police that circumstances have changed to such an extent since the pardoned conviction was entered that the applicant for the permit or license is likely to handle handguns in compliance with the law.
As added by P.L.148-1987, SEC.1.

Best to you and your daughter,

 

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

 

Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience: 30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
Michelle and 6 other Criminal Law Specialists are ready to help you

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