Kleiman v. State

MILLER, Judge.

Larry Kleiman sought expungement of his arrest record after he was acquitted of Public Indecency, 1 a class A misdemeanor. The trial court denied his request, finding that Ind.Code 35-38-5-1, the only Indiana statute addressed to expungement of arrest records, permitted expungement only when the charges had been dropped before trial. The court also rejected Kleiman’s argument that the statute is unconstitutional. Kleiman argues that 1) the trial court had discretion to order expungement of arrest records without specific statutory authority; and 2) the statute is…