In Re: The Matter of the Petition to Expunge Conviction Records of James D. Borel v. State of Indiana

BARTEAU, Senior Judge.

Statement of the Case

[1] James D. Borel 1 appeals the trial court’s denial of his Petition to ■ Expunge Conviction Records and his motion to correct error. We reverse and remand.

Issue

[2] The dispositive issue is whether the trial court erred by denying Borel’s motion to correct error. 2

Facts and Procedural History

[3] On February 27, 1976, the State charged Borel with “First Degree Burglary”' under Cause Number 76-25, alleging that he had broken and entered the dwelling of Jerome Cutwright with the intent to commit theft. Confidential Appendix p. 23., [4] On March 16,…