D.R.C., Appellant, v. State of Indiana, Appellee. (2022)

Order

This Court issued the following orders or opinions in the cases listed below and on the dates specified:

• On July 17, 2001, this Court issued an order dismissing an original action under Case No. 22S00-0107-OR-325.

• On May 27, 2005, this Court issued an order granting a petition for writ of mandamus under Case No. 22S00-0505-OR-202.

• On June 26, 2009, this Court issued an opinion under Case No. 87S00-0612-CR-499 (“the Opinion”); and it issued an order denying rehearing on November 30, 2009.

• On July 9, 2010, this Court issued an order appointing a special judge under Case No. 87S00-1006-SJ-301.

• On September 10, 2012, this Court issued an order dismissing an original action under Case No. 87S00-1209-OR-504.

• On May 24, 2022, this Court issued an order appointing a special judge under Case No. 22S-SJ-159.

Before us now is an order issued by the Floyd Superior Court No. 1 granting Appellant's “Verified Petition for Expungement of Conviction and Arrest Records.” The order purports to order expungement “pursuant to I.C. 35-38-9-2,” which by its terms applies to expunging certain convictions. However, the Court takes judicial notice of Appellant's amended expungement petition and the underlying judgment of acquittal in 74C01-1210-MR-184, showing that Appellant correctly sought expungement under Indiana Code § 35-38-9-1, which provides for expungement of arrest and criminal charging records that did not result in a conviction.

Having reviewed the matter, the Court ORDERS as follows:

1. The Clerk of this Court is directed to permanently seal the records of all Supreme Court cases identified in the caption of this order, and in each case's docket to remove Appellant's full name and replace it with Appellant's initials;

2. In conjunction with this order, the Court will issue redacted versions of the Opinion;

3. The Clerk is directed to remove all unredacted versions of the opinion posted online on the computer gateway administered by the office of technology and replace them with the redacted version of the Opinion;

4. The Clerk shall provide the redacted Opinion together with a copy of this order to West/Thomson Reuters, LexisNexis, Wolters Kluwer, and any other sources to which opinions of this Court are normally sent; and

5. The Office of Judicial Administration is directed to remove the oral argument video and records of the oral argument event for Case No. 87S00-0612-CR-499 from the Oral Arguments Website and the State Calendar.

Loretta H. Rush Chief Justice of Indiana