State of Indiana ) in the Boone ______Court ___
Total Page:16
File Type:pdf, Size:1020Kb
STATE OF INDIANA ) IN THE BOONE ______COURT ___ ) SS: COUNTY OF BOONE ) CAUSE NUMBER: 06____-______-____-___
______) ) v. ) ) STATE OF INDIANA )
STATE’S RESPONSE TO PETITION TO MARK RECORDS OF FELONY CONVICTION EXPUNGED UNDER I.C. 35-38-9-4
Comes now the State of Indiana by its Prosecuting Attorney for the 20th Judicial Circuit and for its response to Petitioner’s Petition to Seal Records states the following:
1. That the Petitioner was convicted of ______, a ___ Felony under
cause number 06___-______-___-______:
- YES
- NO
2. That the felony conviction meets the necessary requirements under I.C. 35-38-9-4 to
allow the records of a Felony conviction to be marked as expunged:
- YES
- NO
3. Per I.C. 35-38-9-4(c) a period of eight (8) years has passed since the date of the
conviction OR a period of three (3) years has passed since the completion of sentence:
- YES
- NO
4. Charges are currently pending against the Petitioner:
- YES, under cause number: ______
- NO (State unaware of any charges pending) 5. Petitioner has received a conviction within the past eight (8) years:
- YES, under cause number: ______
- NO (State unaware of any convictions w/in 8 years)
6. Petitioner paid all fines, fees, costs, and restitution relating to conviction:
- YES
- NO, explain: ______
7. Based upon the forgoing, the State of Indiana would state the following:
- The State of Indiana respectfully requests the Court to set a hearing in this matter.
- Respectfully requests the Court to summarily deny the Petitioner’s request to seal
records and for all other relief which is just and proper in the premises.
- The State of Indiana is unaware of any basis to object to the Petitioner’s Request.
Respectfully submitted,
OFFICE OF THE PROSECUTING ATTORNEY 20th Judicial Circuit Boone County, Indiana
By______Todd J. Meyer, 20265-06 PROSECUTING ATTORNEY
CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the Defendant or Counsel for the Defendant pursuant to the applicable trial rules on the same date as filing.
______Todd J. Meyer
OFFICE OF THE PROSECUTING ATTORNEY 20TH JUDICIAL CIRCUIT BOONE COUNTY, INDIANA 103 Courthouse Square Lebanon, Indiana 46052 STATE OF INDIANA ) IN THE BOONE ______COURT ____ ) SS: COUNTY OF BOONE ) CAUSE NUMBER: 06____-______-____-____
STATE OF INDIANA ) ) v. ) ) ______)
ORDER ON PETITION TO MARK RECORDS OF FELONY CONVICTION AS EXPUNGED UNDER I.C. 35-38-9-4
The Petitioner, pro se or by counsel, having filed a Petition to Mark Records of Felony
Conviction as Expunged under I.C. 35-38-9-4. And the State, having filed its Response. The Court being duly advised in the premises now order’s the following:
- Sets this matter for a hearing on ______, 201__ at ___:___ AM / PM
or
- Denies Petitioner’s request to mark records of Felony conviction as expunged
or
- Grants Petitioner’s request to mark records of Felony conviction as expunged and will
provide a more detailed order.
All of which is Ordered this ______day of ______, 201__.
______The Honorable ______JUDGE, BOONE ______COURT
Distribution:
OFFICE OF THE PROSECUTING ATTORNEY
Defendant/Counsel for the Defendant