Expungement of Felony reduced to a misdemeanor starts waiting period over in recent ruling.
Many individuals that have felony convictions often want their case expunged or at a minimum reduced to a misdemeanor. In Indiana the expungement wait period for a felony is 8 years and 5 for a misdemeanor. Previous to the the recent court of appeals ruling it was possible to reduce a felony after 5 years and then turn around and expunge it. On 9/6/19, the Court of Appeals in Naveed Gulzar v. State of Indiana, 19A-XP-637 handed down a ruling, what the dissenting judge called unjust and ill-advised. If a petitioner files and has a felony reduced to a misdemeanor it no longer back dates to the time of the original conviction but rather starts the 5 year wait period from the time of the reduction. This essentially can make a longer wait period then just expunging the felony conviction. For example if your felony is 17 years old (and eligible for expungement) and you have it reduced to a misdemeanor, you now have to wait 5 more years.
I believe and hope the Indiana Supreme Court will overturn this ruling or the Legislature will clarify. If you have questions about the timing and the recent ruling and want to see if your case is eligible contact an experience expungement attorney such as Duepner law to assist.