Crone, J.
Case Summary
Donald A. Prout, a full-time deputy with the Marion County Sheriff’s Office (“MCSO”), also worked security part time at a grocery store and a bus station. An MCSO detective was asked to investigate accusations that Prout was being paid by MCSO while he was working his other jobs. The detective obtained documents from MCSO and Prout’s other employers indicating that his work schedules overlapped on four occasions. Prout was asked to explain the discrepancies, but he refused. The detective filed a probable cause affidavit, which resulted in Prout being charged with four counts of class D felony theft. Those charges were later dismissed due to unspecified evidentiary problems.
Prout filed a petition to expunge his arrest record, asserting that the charges against him were dropped because no offense was committed and there was no probable cause. The Indianapolis Metropolitan Police Department (“IMPD”) objected to Prout’s petition. At a hearing on the petition, Prout presented evidence that his work schedules had not overlapped. The trial court issued an order granting Prout’s petition, finding that he had committed no offense and that no probable cause existed to support either the filing or the prosecution of the charges.
On appeal, IMPD argues that the issue of whether probable cause existed to file charges is irrelevant and that Prout failed to carry his burden to establish that no probable cause existed when the charges were dismissed and that no offense was committed. We conclude that the trial court did not abuse its discretion in concluding that no offense was committed and therefore affirm.
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To the extent that IMPD challenges the sufficiency of the evidence supporting the trial court’s determination that no offense was committed, we note that we may neither reweigh evidence nor judge witness credibility and may “consider only the evidence most favorable to the judgment. We will not reverse the trial court’s decision where there is substantial evidence of probative value supporting the judgment.” Sotos, 558 N.E.2d at 912. As indicated by our recitation of the evidence adduced at the expungement hearing, the trial court’s judgment is supported by substantial evidence of probative value. Therefore, we affirm.
Affirmed.
MAY, J., and BRADFORD, J., concur.