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I am expunging my own records; do I just cite the code in the petition?

  
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I am expunging my own records; do I just cite the code in the petition?

Postby eadweald71 » Thu Jul 26, 2012 11:48 am

I just want to make sure I have this right. All I have to do is follow these directions in the Indiana Code and I can expunge it myself, right? So I just write a letter or type one up saying, "Pursuant to IC 35-38-5-1, I hereby request to expunge (whatever the criminal case was)."

Is that all I have to do, along with my information like Social Security, arresting officer, etc?

From http://www.in.gov/legislative/ic/code/title35/ar38/ch5.html :

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.
(b) A petition for expungement of records must be verified and filed in the court in which the charges were filed, or if no criminal charges were filed, in a court with criminal jurisdiction in the county where the arrest occurred. The petition must set forth:
(1) the date of the arrest;
(2) the charge;
(3) the law enforcement agency employing the arresting officer;
(4) any other known identifying information, such as the name of the arresting officer, case number, or court cause number;
(5) the date of the petitioner's birth; and
(6) the petitioner's Social Security number.
(c) A copy of the petition shall be served on the law enforcement agency and the state central repository for records.
(d) Upon receipt of a petition for expungement, the law enforcement agency shall notify the court of the name and address of each agency to which any records related to the arrest were forwarded. The clerk shall immediately send a copy of the petition to each of those agencies. 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. A copy of the notice of opposition and copies of any sworn statements shall be served on the petitioner in accordance with the Rules of Trial Procedure. The court shall:
(1) summarily grant the petition;
(2) set the matter for hearing; or
(3) summarily deny the petition, if the court determines that:
(A) the petition is insufficient; or
(B) based on information contained in sworn statements submitted by individuals who represent an agency, the petitioner is not entitled to an expungement of records.
(e) If a notice of opposition is filed and the court does not summarily grant or summarily deny the petition, the court shall set
eadweald71
 
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Joined: Thu Mar 31, 2011 10:55 am
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I am expunging my own records; do I just cite the code in the petition?

Postby chay » Thu Jul 26, 2012 11:50 am

I just want to make sure I have this right. All I have to do is follow these directions in the Indiana Code and I can expunge it myself, right? So I just write a letter or type one up saying, "Pursuant to IC 35-38-5-1, I hereby request to expunge (whatever the criminal case was)."

Is that all I have to do, along with my information like Social Security, arresting officer, etc?

From http://www.in.gov/legislative/ic/code/title35/ar38/ch5.html :

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.
(b) A petition for expungement of records must be verified and filed in the court in which the charges were filed, or if no criminal charges were filed, in a court with criminal jurisdiction in the county where the arrest occurred. The petition must set forth:
(1) the date of the arrest;
(2) the charge;
(3) the law enforcement agency employing the arresting officer;
(4) any other known identifying information, such as the name of the arresting officer, case number, or court cause number;
(5) the date of the petitioner's birth; and
(6) the petitioner's Social Security number.
(c) A copy of the petition shall be served on the law enforcement agency and the state central repository for records.
(d) Upon receipt of a petition for expungement, the law enforcement agency shall notify the court of the name and address of each agency to which any records related to the arrest were forwarded. The clerk shall immediately send a copy of the petition to each of those agencies. 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. A copy of the notice of opposition and copies of any sworn statements shall be served on the petitioner in accordance with the Rules of Trial Procedure. The court shall:
(1) summarily grant the petition;
(2) set the matter for hearing; or
(3) summarily deny the petition, if the court determines that:
(A) the petition is insufficient; or
(B) based on information contained in sworn statements submitted by individuals who represent an agency, the petitioner is not entitled to an expungement of records.
(e) If a notice of opposition is filed and the court does not summarily grant or summarily deny the petition, the court shall set
Not all convictions can be expunged, and depending on how many convictions you have you may not be able to expunge all of your record.
chay
 
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Joined: Thu Mar 31, 2011 7:18 am
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I am expunging my own records; do I just cite the code in the petition?

Postby eadweald71 » Thu Jul 26, 2012 12:07 pm

(b) A petition for expungement of records must be verified and filed in the court in which the charges were filed, or if no criminal charges were filed, in a court with criminal jurisdiction in the county where the arrest occurred. The petition must set forth:

The answer is right there, no you can not do it yourself by simply mailing a letter, it must be verified and go through the court. Expungement of records in not an easy process and in most cases are public records and can not be expunged.
eadweald71
 
Posts: 0
Joined: Thu Mar 31, 2011 10:55 am
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