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CalAttorney2, Attorney
Category: Criminal Law
Satisfied Customers: 10221
Experience:  Civil litigation attorney for individuals and businesses.
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I was ordered into a mental facility by involuntary

Customer Question

I was ordered into a mental facility by involuntary commitment. My cellphone was used to obtain messages I did not send indicating I was going to commit suicide. My ex admitted to putting them on phone and calling police and reporting I overdosed. Lab records showed neg. for opiates. I was detained 72 for no just cause. I need to get this expunged from my record. I reside in Indiana.
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: This happened on June 8, 2016 in Muncie, Indiana. I am 65 yo. with no history of depression or suicide.
JA: Have you talked to a lawyer yet?
Customer: Have an appt. on Wed. as I suffered a fractured rib when they took my cell phone from me. My medical doctor has agreed to testify in my defense that I am of sound mind and have not history of mental illness.
JA: Anything else you think the lawyer should know?
Customer: I took 2 Vicodin and 1 oxc. which I do nightly as I have deg. disc. dis. two hip replacements, and 5 rotator cuff repairs and suffer intense pain. Doctor has in ER report alert, cooperative, eyes clear. Lab state neg for drugs. Admitted because ex wanted me out of way. His girlfriend stated that he told her that night that he was going to get rid of me and that they had talked about the only way they can be together is if her live in and I would die.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Criminal Law
Expert:  CalAttorney2 replied 4 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

I am very sorry to learn of this situation and the unfortunate circumstances surrounding the abuse of the civil commitment process by your ex. (When you speak to your attorney, there may be a cause of action for "false imprisonment" against your ex and his girlfriend as well as whatever claims you have for your personal injuries).

With regard to the expungement process, it is going to depend on what exactly the filings were that were made associated with the civil commitment (again the attorney you speak with on Wednesday is going to be best positioned to give you precise formal legal instruction, but there are basically two options), depending on whether or not something was filed with the court, an "expungement" may be appropriate, otherwise, having a court order "sealing" the records may be more appropriate.

Given all of the facts that you have posted, neither one of these procedures should be terribly complicated, and once you discuss which is most appropriate with your attorney, you should be able to handle the matter on your own (there are going to be forms available at your local law library, the court self help desk, or the State's online legal aid, here:

Unfortunately, the record will never truly be erased, but both of these mechanisms will eliminate any long term repercussions of the commitment and relieve you from any long term disabilities or impairments on your rights related to the commitment.

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