WILL CIVIL FORFEITURE CASES CONTINUE TO BE INCLUDED IN CRIMINAL EXPUNGEMENTS?

Recently, Cate, Terry & Gookins LLC blogged about an the recent Court of Appeals opinion, D.A. v. State of Indiana which held that forfeiture cases which reference criminal cases are to be included in the Court’s Order of Expungement on a criminal case. You can read that blog article here. While the status of the law remains what was decided in the case of D.A. v. State of Indiana, the State of Indiana is seeking transfer. Should the Indiana Supreme Court decide to grant transfer (and they just might) on this issue of first impression, the Court of Appeals ruling would be vacated. This is a significant case to follow because the Court of Appeals opinion broadly applied the expungement statutes and used them to include matters contained within a civil forfeiture action that made reference to a criminal case. As additional information on this case becomes available it will be posted on our blog.

If you or someone you know would like to speak with a lawyer about an expungement please contact Cate, Terry & Gookins LLC to schedule a consultation.