In re the Expungement/Sealing of Records of H.M. v. State of Indiana and Marion County Sheriff

BAILEY, Judge.

Case Summary

[1] H.M.’s criminal convictions were expunged in 2013. H.M. later applied with the Marion County Sheriff (“the Sheriff’) to serve as a volunteer deputy sheriff. After conducting a background check, the Sheriff declined H.M.’s application. H.M. initiated contempt proceedings alleging discrimination prohibited under Indiana’s criminal history expungement statute.1 The contempt petition was dismissed upon the Sheriffs motion. H.M. now appeals.

[2] We reverse and remand.

Issues

[3] H.M. designates two issues for our review:

I. Whether the trial court erred when it denied…