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MALLORY v. STATE

No. 20A03-1403-MI-76.

15 N.E.3d 112 (2014)

Michael Kevin MALLORY, Appellant-Petitioner, v. STATE of Indiana, Appellee-Respondent.

Court of Appeals of Indiana.

August 15, 2014.

Attorney(s) appearing for the Case

Alexander L. Hoover , Law Office of Christopher G. Walter, PC, Nappanee, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Henry A. Flores, Jr. , Deputy Attorney General, Indianapolis, IN, Attorney for Appellee.

OPINION

BRADFORD, Judge.

CASE SUMMARY

Appellant-Petitioner Michael Kevin Mallory appeals the trial court's denial of his petition to expunge his Class D felony conviction records. Indiana Code section 35-38-9-3(e) provides that the trial court "shall order" expungement if all statutory requirements are met. It is undisputed that Mallory met the requirements of Indiana Code section 35-38-9-3(e). Because the word "shall" is ordinarily construed as...

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