Administrative Event - Court forwards copy of Verified Petition for Expungement of Conviction to the Kosciusko County Prosecutor. Prosecutor given 30 days to respond. May 22, 2024 (2024)

On May 21, 2024 aAdministrative Event - Court forwards copy of Verified Petition for Expungement of Conviction to the Kosciusko County Prosecutor. Prosecutor given 30 days to respond.was filedinvolving a dispute betweenMacdowell, Samuel,andState Of Indiana,for XP - Expungementin the District Court of Kosciusko County.

 
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 Filed: 5/21/2024 10:23 PMKosciusko Superior Court 4 Clerk Kosciusko County, Indiana STATE OF INDIANA ) IN THE KOSCIUSKO SUPERIOR COURT 2 ) ) ) SS: COUNTY OF KOSCIUSKO ) ORIGINAL NUMBER: 43D02-2007-CM-000795 ) ) 43D04-2405-XP-000047 ) CAUSE NUMBER: ) IN RE: THE PETITION FOR ) EXPUNGEMENT AND ) SEALING OF RECORDS OF: ) SAMUEL MACDOWELL ) ) Petitioner ) PETITIONER'S VERIFIED MOTION FOR EXPUNGING AND SEALING OF ACQUITTALS CONVICTIONS UNDER IC § 35-38-9-1 COMES NOW the Petitioner, Samuel MacDowell, by counsel, Christina C. Gomez, and Petitions the court to Seal and Expunge records related to the arrest to a noncriminal justice organization or individual. In support of this motion, Petitioner would state as follows: 1. Petitioner's full legal name is: Samuel Alexander MacDowell. Petitioner is not known by any other aliases. 2. Petitioner's date of birth is on the confidential petition. 3. Petitioner's social security number is on the confidential petition. 4. Petitioner's driver's license number is on the confidential petition. 5. Petitioner's addresses from the date of the offense to the date of the petition are as follows: A. 9271 Judd Road, Fowlerville, MI 48836 B. 804 Tenth Avenue PL, Coralville, IA 52241 C. 1915 Gleason Avenue, Iowa City, IA 52240 D. 1 W. Superior St., Chicago, IL 60654 6. In this petition. Petitioner seeks expungement of: 43D02-2007-CM-000795 7 (a) 43D02-2007-CM-000795 was filed on 07/21/20. The charges were filed in the Kosciusko Superior Court 2. The incident occurred on or about 07/05/20. in Kosciusko County. On 02/02/21. this matter was dismissed by diversion agreement. The arresting officer and employing agency are unknown. There was no appeal. There are no unpaid fees. (Exhibit l) (Exhibit 2) (b) 20D04-2l06-CM-001095 was filed on 06/l6/2 l. The charges were filed in the Elkhart Superior Court 4. The incident occurred on or about 06/12/2 l. in Elkhart County. On 09/22/21, Petitioner was convicted of Count I. MA: Operating a Vehicle While Intoxicated Endangering a person. The arresting officer and employing agency are unknown. There was no appeal. There are no unpaid fees.8. No criminal investigation or charges are pending against Petitioner. Petitioner has not committed another crime within the period required for expungement. Petitioner is not currently engaged in a pretrial diversion program.9. The required period has lapsed.l0. Petitioner has not filed any other petitions for expungement.l 1. Petitioner has paid the filing fee for a civil case.l2. Petitioner has paid all fines, fees. and court costs. and satisfied any restitution obligation placed on petitioner.l3. Petitioner has not been convicted oftwo or more felony offenses that involved the unlawful use ofa deadly weapon and were not committed as part of the same episode ot' criminal conduct; additionally, petitioner is not a sex or violent offender as defined in lC 11-8-8-5. l4. Petitioner is not an elected official; a sex or violent offender (as defined in 1C l 1-8-8-5); a person convicted of a felony that resulted in bodily injury to another person; a person convicted of perjury (IC 35-44.l-2-l) or official misconduct (lC 35-44. l -l-l ); a person convicted of an offense described in lC 35-42-1. IC 35—42-35: or lC 35-42-4: a person convicted of two or more felony offenses that involved the unlawful use of a deadly weapon; and were not committed as part of the same episode of criminal conduct; l5. Petitioner understands that under Indiana law. an individual can only file one expungement per lifetime. WHEREFORE, Petitioner, by counsel, prays that the Court grant this Petition for Sealingand Expunging Arrest Records. Respectfully submitted. /s/ Christina C. Gomez Attorney # 36602-49 Christina C. Gomez CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy ofthe foregoing has been served upon theProsecutor, by placing a copy of the same in the Prosecutor's box of this Court. by E-tiling. bydelivering a copy ofthe same to one of his duly appointed deputies. or by delivering a copy ofthe same to his office, or by US Mail on or before the date of filing. /s/ ChristinaC. Gomez Attorney #36602-49 Christina C. Gomez VERIFICATION laffinn under penalties of perjury. that the foregoing representations are true to the best 41Wof my knowledge. Petitioner /s/ Christina C. Gomez