Indiana motion to modify felony conviction

Whenever the Parole Board is conducting an inquiry, investigation, hearing, or review, it may delegate that function to one or more members of the Board. If one or more member acts on behalf of the Board, he or she may exercise all the powers of the Board except the power to render a final decision. Upon completion of the inquiry, the member acting on behalf of the Board files the complete record of the proceedings together with his or her findings, conclusions, and recommended decision. Based upon the record and the findings, conclusions, and recommendations, the Board renders a final decision.

Code 1.

Indiana Code Title 35. Criminal Law and Procedure § 35-38-1-17

Additionally, in making its recommendation to the governor, the board may consider other issues relating to the offender and his rehabilitation. This process takes six to eight months to complete. Governor Eric Holcomb issued seven pardons in his first year in office, including one to a man whose conviction was found to be wrongful by the courts.

Mike Pence granted his only three pardons in January Governor Mitch Daniels granted 62 pardons during his eight years in office, generally pursuant to favorable Board recommendations. Several pardons went to non-citizens seeking to avoid deportation, and many to minor drug offenders though only three to those convicted of selling drugs. In the seven-year period between and , pardons were granted, and a high percentage of those who applied were granted. Parole Board Expungement alone does not result in limiting public access to the record unless sealing is also specifically authorized; however, expungement does restrict the use of records, as further explained below.

Individuals may apply to the sentencing court for expungement after a waiting period that varies depending upon the seriousness of the offense, and relief is mandatory in the case of non-conviction records, misdemeanors and less serious felonies, as long as eligibility criteria are met.

Certain offenses including sexual or violent offenses, misconduct in office, or two or more separate felonies involving unlawful use of a deadly weapon are ineligible for expungement. In addition, anyone convicted of an ineligible crimes is not eligible for expungement of any otherwise eligible crimes. See Burton v. A petitioner must have completed the terms of a court-imposed sentence, A petitioner must have completed the terms of a court-imposed sentence, and remained crime-free during the eligibility waiting period.

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The law was amended in March and June to add certain procedural provisions and modify eligibility requirements. After a one-year waiting period, non-conviction records including non-adjudication records in juvenile cases , and records of convictions vacated on appeal may be expunged and sealed by the circuit or superior court in the county where the charges were filed, or, if no charges were filed, in the county of arrest.

All court records, including those of appellate courts, must be permanently sealed or redacted. Official online versions of opinions and memorandum decisions of the supreme court and court of appeals must also be redacted. After waiting periods ranging from five to eight years, records of most misdemeanors and Class D felonies or level 6 felonies may be expunged, and are then automatically sealed and, with some exceptions, may not be disclosed even to a prosecutor, unless ordered by the court.

Most serious felonies may also be expunged, with certain exceptions e. State , supra, quoting from Taylor v. State , 7 N. Expungement is not available to any person who has been previously convicted of two or more felonies involving unlawful use of a deadly weapon. Persons convicted of misdemeanors or the lowest level felonies are eligible to petition for expungement five years after conviction unless the prosecutor consents to a shorter period. Persons convicted of less serious felonies may apply for expungement eight years after conviction or three years after completion of sentence whichever is later unless the prosecutor consents to a shorter period , if the crime was not committed while holding elective office and did not involve sex or violence.

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Felonies committed while holding elective office or involving serious bodily harm may be expunged ten years after conviction, or five years after completion of sentence. Procedures for filing an expungement petition with the sentencing court are set forth in Ind. Expungement may be granted without a hearing unless the prosecutor objects. A petitioner may seek to expunge multiple convictions in multiple courts, but all petitions must be filed within one year — and after that year has passed, a person may not file another petition in their lifetime. Two exceptions apply:. There is no filing fee for petitions to expunge non-conviction records.

Felony 6

An expungement case, and all documents filed in the case become confidential only after the court issues the order granting the petition. See Part I, supra. Any person that so discriminates commits a Class C infraction and may be held in contempt by the court issuing the order of expungement or by any other court of general jurisdiction. The non-discrimination provisions have been held to apply to law enforcement as well as other employment.

See H. Negligent hiring : In any action alleging negligence an expungement order may be introduced as evidence of due care, and expunged convictions are not admissible as evidence of negligence against a person who relied on the expungement order. Credit reporting : Records that have been expunged may not be knowingly reported by credit reporting companies. Expungement orders do not automatically restore firearms rights to persons convicted of domestic violence, who must wait five years before petitioning the court for restoration.

No mention of notice to prosecutor of hearing unlike statute applicable to trafficked children, below. This authority is considerably broader than in most states, where eligible offenses confined to prostitution and closely related offenses. Certain Class D felonies committed prior to July 1, , or level 6 felonies committed after that date, may be converted to Class A misdemeanors upon entry of judgment on a one-time basis DV and child pornography offenses are ineligible.

In addition, court may convert conviction of Class D felony or level 6 felony to a Class A misdemeanor upon petition of the convicted person three years after completion of sentence, upon satisfaction of certain conditions and with the agreement of the prosecutor, as long as there has been no intervening conviction.

How to Get a Felony Expunged in Indiana - Eskew Law LLC

Sex offenses and offenses involving violence or official corruption are not eligible. Indiana law authorizes deferral or continuance of prosecution for drug abusers and alcoholics with no more than one prior conviction and no other charges pending. If the treatment is completed successfully, the charges must be dismissed. See also State v. Nix , N. The court may order the defendant to satisfactorily complete an alcohol or drug treatment program, undergo treatment for mental illness, or satisfy other conditions imposed by the court during this deferral period. If the defendant fulfills the conditions set forth by the court, the court shall dismiss the charges.

A defendant is not eligible for deferral under this section if the offense giving rise to the prosecution involved a death or serious bodily injury, the defendant has at least two prior felony convictions, or other criminal proceedings not arising out of the same incident alleging the commission of a felony are pending against the defendant. At any time, a person may petition the juvenile court to expunge all records pertaining to juvenile delinquency proceedings.

Upon a court order of expungement, all records are destroyed or given to the petitioner. There exists no statutory authority to seal a juvenile record. Minor victims of human trafficking : Ind. Also, the prosecutor must consent before expungement of these offenses can proceed. Keep this in mind: it can be hard to remove information from the internet. References to your criminal history may still appear on archived web pages.

Securing A Sentence Modification

This is not legal advice. For legal advice, contact a private attorney or the nearest legal services office. The amended law is effective March 26, Laws change, so please make sure your information is current. Indiana Legal Services uses the law to fight poverty, empower clients, and improve access to justice. Please consider donating to Indiana Legal Services.

We are a not-for-profit corporation, and your donations are tax deductible to the extent allowable by law. Skip to main content. Topics Tax Brochures. Expunge Arrest Records What if you were arrested but never convicted?

When Can Sentences Be Changed?

You can file to expunge your arrest records if: you were arrested but not convicted or your conviction was overturned on appeal , it has been at least one year since you were arrested or since you won your appeal, or the prosecutor agrees to an earlier period, and no charges are pending. Expunge a Conviction What if you were convicted of a crime? Expunging a Misdemeanor You can file in court to expunge a misdemeanor conviction if you have not been convicted of a crime in the last five years, or the prosecutor agrees to an earlier period; no charges are pending; and you paid all required fines, fees, court costs, and any restitution.

Indiana motion to modify felony conviction
Indiana motion to modify felony conviction
Indiana motion to modify felony conviction
Indiana motion to modify felony conviction
Indiana motion to modify felony conviction
Indiana motion to modify felony conviction
Indiana motion to modify felony conviction

Related indiana motion to modify felony conviction

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