# In re the Expungement/Sealing of Records of H.M. v. State of Indiana and Marion County Sheriff

> Indiana Court of Appeals · December 8, 2016 · 65 N.E.3d 1054

URL: https://www.frixlaw.com/law-library/cases/9870097

## Case

- **Full name:** In Re the Expungement/ Sealing of Records of H.M., Appellant-Defendant, v. STATE of Indiana and Marion County Sheriff, Appellee-Plaintiff
- **Court:** Indiana Court of Appeals
- **Decided:** December 8, 2016
- **Citations:** 65 N.E.3d 1054; 2016 Ind. App. LEXIS 438; 2016 WL 7157617
- **Precedential status:** Published
- **Opinion:** Concurrence by Barnes
- **Judges:** Bailey, Riley, Barnes
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9870097

## Opinion text

BARNES, Judge,
concurring with separate opinion.
[32] I concur with my colleagues in full. I write, though, to urge our Legislature to examine this provision of Indiana law and carve out some sort of law-enforcement exception.
[33] While I respect and strongly favor an orderly and warranted expungement process, I believe law enforcement ought to be able to thoroughly examine one’s past criminal history and make judgments accordingly. A multitude of remedies would remain for those who would feel unfairly treated. I simply favor, for some of the most sensitive positions in our society, an approach that would provide more discretion to hiring agencies.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9870097. Public record. Not legal advice.