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Wall v. Plummer

Court of Appeals of Indiana

June 25, 2014

JEREME LEE WALL, Appellant-Petitioner,
v.
ALFRED H. PLUMMER, III,[1] Appellee-Respondent

APPEAL FROM THE WABASH CIRCUIT COURT. The Honorable Robert R. McCallen III, Judge. Cause No. 85C01-1309-MI-578.

ATTORNEY FOR APPELLANT: JUSTIN R. WALL, Wall Legal Services, Huntington, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; HENRY A. FLORES, JR., Deputy Attorney General, Indianapolis, Indiana.

CRONE, Judge. BAKER, J., and BARNES, J., concur.

OPINION

Page 421

CRONE, Judge

Case Summary

Jereme Lee Wall appeals the trial court's denial of his petition to expunge the records of his conviction for class C felony criminal mischief. On appeal, Wall claims that the trial court erred in concluding that he could not have the records of his conviction expunged because he had violated the terms of his probation. We affirm.

Facts and Procedural History

In February 1992, Wall was convicted of class C felony criminal mischief. The trial court ordered Wall to serve three years with all but 120 days suspended to probation. In February 1993, Wall admitted to violating his probation by not updating his address record with the probation department, and the trial court revoked the balance of his sentence.

In September 2013, Wall filed a petition to expunge his conviction pursuant to Indiana Code Section 35-38-9-4, which at that time read as follows:

(a) Except as provided in subsection (b), this section applies only to a person convicted of a felony.
(b) This section does not apply to the following:
(1) An elected official convicted of an offense while serving the official's term or as a ...

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