from the DeKalb Superior Court The Honorable Kevin P.
Wallace, Judge Trial Court Cause No. 17D01-1612-XP-31
ATTORNEY FOR APPELLANT Adam C. Squiller Squiller &
Hamilton, LLP Auburn, Indiana
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana Henry A. Flores, Jr. Deputy Attorney General
W.R. appeals the partial denial of his petition for
expungement. He asserts the trial court abused its discretion
when it refused to expunge his felony convictions. We affirm.
and Procedural History
On July 7, 1999, W.R. was convicted of two felony charges of
dealing drugs. He completed the sentence ordered. On January
16, 2007, W.R. was convicted of misdemeanor operating while
intoxicated. On December 16, 2016, W.R. filed a petition for
expungement of those convictions and an arrest that did not
result in conviction.
On January 24, 2017, the trial court held a hearing on
W.R.'s petition. W.R. has worked for a pest control
company in Fort Wayne for the last seven years. He now
manages the business. Because of his successful completion of
probation, the probation department invited him back to speak
to youths at a high school. However, due to the felony
charges, he is not allowed to personally provide pest control
service to some places, such as some of the buildings owned
by the City of Fort Wayne. The State did not present evidence
or take a position at the hearing.
The trial court granted expungement of the misdemeanor charge
and the arrest that did not result in a conviction. The trial
court denied W.R.'s petition to expunge the felony
convictions because the nature of the convictions,
i.e., dealing drugs, might be relevant to businesses
deciding whether to exclude persons from their premises.
The pertinent part of the statute governing W.R.'s
expungement petition states:
If the court finds by a preponderance of the evidence that:
(1) the period required by this section has ...