In Allen v. State of Indiana (Court of Appeals Case No.19A-XP-1013), the Indiana Court of Appeals addressed whether or not a conviction for conspiracy to commit burglary was a crime excluded from eligibility for expungement.

When Defendant was nineteen years old, he was convicted of conspiracy to commit burglary for participating as a lookout for others who entered a home where two people were injured. Eighteen years later, Defendant filed an expungement petition but the State argued he was ineligible because serious bodily injury occurred during the crime. The trial court denied the expungement based upon the bad facts of the crime. Court of Appeals finds that Defendant was convicted only of conspiracy to commit burglary under subsection of burglary statute that does not involve bodily injury or serious bodily injury. Defendant was not convicted of a felony that resulted in serious bodily injury to another person, thus he cannot be excluded from eligibility for expungement on that basis. Therefore, trial court erred in denying the expungement. In reaching this result, the Court of Appeals states that Indiana’s expungement statutes are inherently remedial and should be liberally construed to advance the remedy for which they were enacted.