Michael Kevin Mallory v. State of Indiana

OPINION

BRADFORD, Judge.

CASE SUMMARY

Appellant-Petitioner Michael Kevin Mallory appeals the trial court’s denial of his petition to expunge his Class D felony conviction records. Indiana Code section 35-38-9-3(e) provides that the trial court “shall order” expungement if all statutory requirements are met. It is undisputed that Mallory met the requirements of Indiana Code section 35-38-9-3(e). Because the word “shall” is ordinarily construed as mandatory language, we conclude that Indiana Code section 35-38-9-3(e) unambiguously requires expungement if all statutory requirements are met. We…