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02D06-2312-XP-000423
STATE OF INDIANA ) IN THE ALLEN SUPERIOR COURT
)SS: CIVIL DIVISIQN , ROOM _
COUNTY OF ALLEN ) USE NO.:
INRE THE PETITION FOR
EXPUNGEMENT OF CONVICTION
a
)
An exhibit listing additional case numbers is attached
Related Criminal Cause Numbers:
02004021 LCM-008547
RECORDS OF: )
RHONDA L. MULLEN , )
Petitioner. )
VERIFIED PETITION FOR EXPUNGEMENT OF CONVICTION RECORDS
PURSUANT TO I.C. 35-38-9
Comes now the Petitioner, Rhonda L. Mullen , in person and duly sworn upon
11L oath, and does file this Petition for Expungement/Sealing of Records under theéprovisions of lC 35-
38-9 Et Seq. and would respectfully request that the Court grant said petition and find that the convictions
listed in this petition be expunged pursuant to statute and that access to these convictions be expunged in
accordance with lC 35-38-9-6 or lC 35-38-9-7. ln support thereof, the Petitioner would swear and affinn
to the following factual information:
INFORMATION PERTAINING TO ALL EXPUNGEMENT MATTERS
l. That Petitioner's full name is Rhonda L. Mullen , and Petitioner has used
the following other names or aliases:
N/A
2. That Petitioner's date of birth is 9/13/1967 ; Petitioner's Social Security Number is
XXX-XX- 4928 ; and Petitioner's driver's license number is 0410-12-5638
3. Since the commission of the first criminal offense addressed in this Petition, Petitioner has resided at
the following addresses:
1509 Badger Dr. Apt. D, Indianapolis, IN 46260 (current)
7234 Township Line Rd, Apt D, Indianapolis, IN 46268
3627 Minger Dr, Indianapolis, IN
5632 Regency Dr, Indianapolis, IN 46224
2439 W 15th Ave, Gary, IN 46404 (time of first offense)
Petitioner has attached an additional page, marked as "Exhibit," to the end of this
D petition that contains a list of the remaining addresses where petitioner has resided since
the first criminal offense addressed in this petition.
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4. Petitioner afi'lrms, under oath and subject to penalties for the crime of Perjury that, to the best of he;
knowledge, there are no criminal investigations and/or charges pending against her in any jurisdiction.
5. The following is a list of all criminal convictions entered against Petitioner (including court; cause
number; title and class/level of offense(s) on which conviction was entered; date offense was committed;
date of conviction; appellate cause number (if applicable); and date of appellate opinion (if applicable»:
a. 02DO4-0211-CM-008547 Court DO4
Public intoxication MB
Date of offense: 11/1/2002 Date of conviction: 8/20/2004
b.
C.
d.
D listing
Petitioner has attached an additional page, marked as "Exhibit," to the end of this petition
other criminal convictions that have been entered against her .
6. Petitioner acknowledges that she understands that lC 35-38-9-9(i) allows her to file only one
petition for expungement during "L lifetime. Petitioner certifies that she has made a good faith
effort to remember and obtain records for all of hiponvictions. At the time of filing this petition,
Petitioner has no knowledge of any Allen County convictions other than those that are
addressed by this
petitionm (Petitioner's initials)
7. The following is a list of petitions to address convictions that are eligible for expungement under
l.C. § 35-389-2 through 5 that the petitioner has filed or will be filing in other Indiana counties:
a_ 49F07-1212-CM-O83 173 Court F07
OWI MA
Date of offense: 12/9/2012 Date of conviction: 4/4/2013
b_ 32102-0707-CM-3544 Court 102
DWS MA
Date of offense: 2/25/2008 Date of conviction: unknown
Petitioner has attached an additional page, marked as "Exhibit," to the end of this petition
listing additional expungement petitions filed in other Indiana counties.
I
8. Petitioner has served a copy of this petition upon the Prosecuting Attorney in accordance with the
Indiana Rules of Trial Procedure.
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FACTS PERTAIMNG EXPUNGEMENT MATTER 1 z
J CONVICTION FOR A MISDEMEANOR
CONVICTION FOR A FELONY THAT WAS
I REDUCED TO A MISDEMEANOR
l. Petitioner was arrested in Allen County on 11/1/2002 by unknown
employed by the law enforcement agency known as unknown under law
enforcement agency case number unknown ;
2. Petitioner was convicted on the following charges on 8/20/2004 , under Cause Number
02D04-0211-CM-008547 in Allen Superior Court, Criminal Division, Room
'
0i
a, Public intoxication ,class B I misdemeanor l;
b. , | I;
C- | I;
d. I
D Said felony judgment was converted to a class A misdemeanor on
3. Petitioner is not a person who is prohibited from seeking this remedy under the provisions of LC. §35-38-9-
2(b).
4. Elapsed time:
Five (5) years have passed between the date of Petitioner's conviction and the filing of this Petition.
I Fewer than (5) years have passed between the date of Petitioner's conviction and the filing of this
Petition, but the Allen County Prosecuting Attorney has provided written consent for a shorter
elapsed time period (see Exhibit _ attached, letter of consent from Allen County
Prosecutor).
5. Criminal activity within the previous five (5) years:
Petitioner affinns that to the best of her knowledge, she has not committed another crime in any
jurisdiction within the previous five (5) years.
Petitioner affirms that, to the best of her knowledge, She has not committed another crime in any
I
jurisdiction within the shorter elapsed time period to which the prosecuting attorney has agreed.
6. Petitioner has:
Paid all fines, fees, and court costs, and no restitution obligation was imposed as part of her sentence.
D Satisfied her restitution obligation of $ imposed as part of her sentence.
D Been found indigent as to all outstanding fines, costs, and fees ordered as part of the sentence.
7. Appellate activity:
The case that Petitioner is requesting be sealed has not been appealed.
D The case that Petitioner is requesting be sealed was appealed on
following appellate cause number:
under the
8. Related MC cause numbers:
D Court records stored under the following MC case/cause numbers constitute records of the sentencing
court or juvenile court for the purposes of this order:
n/a
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ADDITIONAL INFORMATION SUBMITTED BY PETITIONER
l. Petitioner submits the following additional information to be considered by this Court is support of
the Petition:
Please see attached Indiana State Police fingerprint report.
The following documents are attached to this petition as exhibits:
DA copy of
certified a limited criminal history transcript from the Indiana State Police
D A copy of the chronological case summary for the following cause numbers showing payment of
all fines, fees and court costs:
I
WHEREFORE, Petitioner respectfully requests this Court grant this Petition and ORDER:
l. As to Expungement Matters l , the expungement of Petitioner's conviction
records in accordance with I.C. 35-38-9-6, specifically:
a. The following agencies and entities shall be prohibited from releasing Petitioner's
records or information in Petitioner's records to anyone without a court order, other than
a law enforcement officer acting in the course of the officer's official duty:
i. The Indiana Department of Corrections;
ii. The Indiana Bureau of Motor Vehicles;
iii. Each law enforcement agency who incarcerated, provided treatment for, or
provided other services for the person under an order of the court; and
iv. Each person or entity who incarcerated, provided treatment for, or provided other
services for the person under an order of the court.
b. The Indiana State Police Central Repository for Criminal History Information shall seal
all records related to Petitioner's expunged convictions, including arrest records from
expunged convictions and records from all dismissed charges, and not guilty charges that
are part of cause numbers where there is an expunged conviction. The Indiana State
Police Central Repository for Criminal History Information is also prohibited from
disclosing said records to anyone except those person or entities specifically enumerated
in LC. 35-38-9-6(a)(2):
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a prosecuting attorney, if:
(a) authorized by a court order; and
(b) needed to carry out the official duties of the prosecuting attorney;
a defense attorney, if:
(a) authorized by a court order; and
(b) needed to carry out the professional duties of the defense attorney;
a probation department, if:
(a) authorized by a court order; and
(b) necessary to prepare a presentence report; and
IV the Federal Bureau of Investigation and the Department of Homeland Security, if
disclosure is required to comply with an agreement relating to the sharing of
criminal history information;
the:
(a) supreme court;
(b) members of the state board of law examiners;
(c) executive director of the state board of law examiners; and
(d) employees of the state board of law examiners, in accordance with rules
adopted by the state board of law examiners;
for the purpose of determining whether an applicant possesses the necessary good
moral character for admission to the bar; and
vi. a person required toaccess expunged records to comply with the Secure and Fair
Enforcement for Mortgage Licensing Act (l2 U.S.C. 5101 et seq.) or regulations
adopted under the Secure and Fair Enforcement for Mortgage Licensing Act.
vii. the bureau of motor vehicles, the Federal Motor Carrier Administration, and the
Commercial Drivers License Information System (CDLIS), if disclosure is
required to comply with 1C 9-24-6-2(d) relating to reporting a conviction for a
violation of a traffic control law.
c. The clerk of the Indiana Supreme Court shall be notified to seal any records in the clerk's
possession that relate to the conviction in a manner consistent with I.C. 35-38-9-6(c):
redact the opinion or memorandum decision as it appears on the computer
gateway administered by the office of technology so that it does not include the
petitioner's name (in the same manner that opinions involvingjuveniles are
redacted); and
provide a redacted copy of the opinion to any publisher or organization to whom
the opinion or memorandum decision is provided afier the date of the order of
expungement.
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d. Except as provided in LC. 35-38-9-6(c) and (d), the records of the sentencing court, a
juvenile court, the Court of Appeals of Indiana, and the Indiana Supreme Court
concerning Petitioner shall be permanently sealed;
2. As to Expungement Matters n/a , the expungement of Petitioner's conviction
records in accordance with LC. 35-38-9-7, specifically that:
a. Petitioner's conviction records under the listed cause numbers shall be expunged in accordance
with l.C. 35-38-9-7:
i. Court records and other public records relating to the arrest, conviction, or sentence of
Petitioner that have been marked expunged shall remain public records. However, the
Court now orders that those records be clearly and visibly marked or identified as being
expunged.
ii. The following agencies and entities in possession of records that relate to the conviction
ordered to be marked as expunged shall add an entry to Petitioner's record of arrest,
conviction, or sentence in the criminal history database stating that the records are
marked as expunged:
a) The Indiana Department of Correction;
b) The Indiana Bureau of Motor Vehicles;
c) Each law enforcement agency who incarcerated, provided treatment for, or provided
other services for the person under an order of the court; and
d) Each person or entity who incarcerated, provided treatment for, or provided other
services for the person under an order of the court.
and grant all other relief just and proper in the premises.
AFFIRMATION
AFFIRM, UNDER THE PENALTIES FOR PERJURY, THAT THE FOREGOING
I
REPRESENTATIONS ARE TRUE AND I
ACW: Rhonda L. Mullen
,1
, Petitioner
[Printed namcl
CERTIFICATE OF SERVICE
The Petitioner hereby certifies that the foregoing pleadings have been served upon the following
persons or parties, via U.S. First Class mail, electronic mail, facsimile transmission, or hand delivery on this
day of :
Allen County Prosecutor's Office
MGM
Attn:
602 South Calhoun Street
Fort Wayne lN 46802
Signature (if Petitioner
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Rhonda L. Mullen
Petitioner
1509 Badger Dr. Apt. D
Indianapolis, IN 46260
Phone: 317-993-0356
Email; rhondamull47@gmail.com
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' i
STAYEE~OPlNbIANA
INDIANA STAT-E POLICE
INDIANA GOVERNMENT CENTER NORTH
'00 NORTH SENATE AVENUE
iNDIANAPOLIs."INoIANA 46204-2259
WWW,lnzg0V-'$D
MULLEN,' RHONDA L
1509 BADGER DR
D
INDIANAPOLIS, IN 46260
Date of Inquiry: 09/27/2023
'
.
Transaction Number: L002490642
Entered By: sommersmar
TO WHOM IT MAY CONCERN:
Athorough search of our files by NAME, DATE OF BIRTH. SEX, RACE, and
FINGERPRINTS DOES reveal a criminal history record on:
Name: MULLEN. RHONDA L
Date of Birth: 09/13/1967
Results based solely on information provided.
Brian E. Millard, Lieutenant
Commander of CJISS
Criminal Justice Information
Services Section
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Criminal Record Search Results
SUBJECT; MULLEN, RHONDA TCN: L002490642[]
INDIANA STATE POLICE
CENTRAL RECORDS DIVISION
CRIMINAL HISTORY RECORDS INFORMATION SYSTEM
INDIANA GOVT CENTER NORTH, ROOM N302
INDIANAPOLIS, IN 46204
TCN: L002490642
NAME: MULLEN, RHONDA
DOB: 09/19/1967
ATTN:
Offender Name SID#
MULLEN, RHONDA 1239176
Sex Race Birth Date Hgt Wgt Eyes Hair Plc of Birth
F B 09/13/1967 503 150 BRO BLK MO
Alias(es)
Date(s) of Birth
Arrest 001 12/08/2012
Arrest Detail:
Agency: INDIANAPOLIS METROPOLITAN PD (IN0494900)
Original Charge: 001 OF OPERATING VEHILCE WHILE INTOXICATED .15 (Class
A, MISDEMEANOR) COUNT: 1
Original Charge: 001 OF OPERATING VEHICLE WHILE INTOXICATED (Class A,
MISDEMEANOR) COUNT: l
Prosecutor/Court Detail:
Cause# 49FO71212CM83173
Filed Charge: 0W1 ENDANGERING A PERSON (Class A, MISDEMEANOR)
Amended Charge: OWI ENDANGERING A PERSON (Class A, MISDEMEANOR)
Counts: 001
Disposition: GUILTY
Sentence: 3650 Suspended: 3590
Comments: N/A
Prosecutor/Court Detail:
Causes 49FO71212CM83173
Filed Charge: OPERATING A VEHICLE WITH AN ACE OF .15 OR MORE (Class A,
MISDEMEANOR)
Amended Charge:
Counts: 001
Disposition: DISMISSED
Sentence: Suspended:
Comments: N/A
Arrest 002 02/15/2012
Arrest Detail:
Agency: INDIANAPOLIS METROPOLITAN PD (IN0494900)
Original Charge: 002 OF FAILURE TO APPEAR COUNT: 1
Original Charge: 001 OF OPERATING VEHICLE NEVER RECEIVED LICENSE COUNT:
l
Original Charge: 001 OF DRIVING WHILE SUSPENDED WITH PRIOR COUNT: 1
Prosecutor/Court Detail:
Causei ~
49F131202CM104 93
Filed Charge: DRIVING WHILE LICENSE SUSPENDED/PRIOR (Class A,
MISDEMEANOR)
Amended Charge:
Counts: 00 l
Disposition: DISMISSED
Sentence: Suspended:
Comments:' N/A
Arrest 003 09/11/2010
Arrest Detail:
Agency: INDIANAPOLIS METROPOLITAN PD (IN0494900)
Original Charge: DRIVING WHILE SUSPENDED/PROD CAUSE COUNT: l
Prosecutor/Court Detail:
Cause# 49F131003CM20444
Filed Charge: DRIVING WHILE SUSPENDED (Class A, MISDEMEANOR)
Amended Charge: DRIVING WHILE SUSPENDED (Class A, MISDEMEANOR)
Counts: 00 1
Disposition: GUILTY
Sentence: Suspended:
Comments: N/A
Arrest 004 09/05/2009
Arrest Detail:
Agency: IN DIANAPOLIS METROPOLITAN PD (IN0494900)
Original Charge: DWS COUNT: l
Prosecutor/Court Detail:
Cause" 49F130909CM78364
Filed Charge: 924-19-2/MA: Driving While Suspended (Class A,
MISDEMEANOR)
Amended Charge:
Counts: 001
Disposition: DISMISSED
Sentence: Suspended:
Comments: N/A
Arrest 005 02/25/2008
Arrest Detail:
Agency: HENDRICKS CO SHERIFF DEPT (INO320000)
-
Original Charge: 001 OF DRIVING WHILE SUSPENDED WITH PRIOR (Class A)
COUNT: 1
Original Charge: 001 OF FAILURE TO APPEAR COUNT: l
Prosecutor/Court Detail:
Causefi 321020707CM3544
Filed Charge: DR IVING WHILE SUSPENDED (Class A, MISDEMEANOR)
Amended Charge: DRIVING WHILE SUSPENDED (Class A, MISDEMEANOR)
Counts: 001
Disposition: GUILTY
Sentence: 180D Suspended: 1700
Comments: N/A
Arrest 006 12/06/2007
Arrest Detail:
Agency: MARION CO SHERIFF DEPT (IN0490000)
Original Charge: DRIVING WHILE LIC SUSP WITH PRIOR (Class M) COUNT: 1
Prosecutor/Court Detail:
Cause$ 49F130712CM261461
Filed Charge: DRIVING WHILE SUSPENDED (Class A, MISDEMEANOR)
Amended Charge: DRIVING WHILE SUSPENDED (Class A, MISDEMEANOR)
Counts: 001
Disposition: GUILTY
Sentence: Suspended:
Comments: N/A
4
Arrest 007 04/19/2006
Arrest Detail:
Agency: MARION CO SHERIFF DEPT (IN0490000)
Original Charge: FAILURE TO APPEAR COUNT: 1
Arrest 008 10/28/2005
Arrest Detail:
Agency: INDIANAPOLIS POLICE DEPT (INIPDOOOO)
-
Original Charge: WRPC DRIVE WHILE SUSPENDED MA COUNT: 1
Prosecutor/Court Detail:
Cause# 49F130503CM38295
Filed Charge: DRIVING WHILE SUSPENDED
Amended Charge:
Counts: 001
Disposition: DISMISSED
Sentence: Suspended:
Comments: N/A
Prosecutor/Court Detail:
Cause? 49F130503CM38295
Filed Charge: SPEEDING EXCEEDING 30
MPH IN AN URBAN DISTRICT
Amended Charge:
Counts: 001
Disposition: DISMISSED
Sentence: Suspended:
Comments: N/A
Arrest 009 06/20/2002
Arrest Detail:
Agency: SPEEDWAY POLICE DEPT (IN0490300)
Original Charge: 9088.0? PARAPHBRNALIA (Class M, ) COUNT: 1
Prosecutor/Court Detail:
Causefl N/A
Filed Charge: POSSESSION OF PARAPHERNALIA
Amended Charge:
Counts: 001
Disposition: NO CHARGES FILED
Sentence: Suspended:
Comments: N/A
CENTRAL RECORDS DIVISION
INDIANA STATE POLICE
09/28/2023!
END OF STATE Rasponsé
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