Indiana Expungement and Gun Rights
Does Indiana expungement restore gun rights? You can lose your right to own or carry a firearm if you have been convicted of a felony or even misdemeanors. However, through Indiana’s expungement law, you may be able to expunge or seal certain convictions and have your right to possess a firearm restored. The law surrounding a person’s criminal history, gun rights and expungements can be complicated, but an experienced attorney can help you navigate the system and clean up your criminal records while restoring your civil rights. Contact XpungeIndy today for a free consultation.
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Your gun rights and Federal and State Laws
According to Federal Law, any conviction that has been expunged cannot be considered a conviction (for purposes of the federal statute). In addition, the US Department of Justice verified that Indiana’s expungement statute is sufficient in removing the federal firearms prohibition in the Gun Control Act. This means that in Indiana, your firearms rights are restored following an expungement.
Indiana’s current expungement statute also contains language that restores a person’s civil rights once the expungement is granted. This includes a provision in which they’re considered a “proper person” for gun ownership.
In order to ensure your gun rights are restored through an expungement petition, that order must specifically state that your civil rights are restored and that you are considered a “proper person.” This language is important because if it is not there, the State Police may not approve your application for a carry permit. Also, the Federal Government may not honor the expungement and would consider it a violation if you’re in possession of a gun.
An experienced attorney that is dedicated to expungement can make sure that everything is in place, so your expungement is successful and set up so your gun rights are restored. At XpungeIndy, we understand the laws and will make sure to include all essential items so your rights are restored.
Crimes where gun rights may not be restored
According to Federal Law, If you have a conviction for a felony (a crime that results in imprisonment for more than one year) you may not be able to restore your gun rights.
Domestic violence cases are another crime where gun rights are not automatically restored following expungement. If you were convicted of a misdemeanor or a felony involving domestic violence, you must pursue a separate statutory procedure. This process allows you to request restoration of gun rights, but does not necessarily guarantee it. You also cannot file the petition until 5 years after the date of conviction. The courts will take many things into consideration before making a decision on gun rights. Some of those things are whether the person has completed a drug treatment program, parenting classes, and whether they are still a threat.
Because there are exceptions and special considerations for some crimes, you need a lawyer who knows the law. Our attorneys understand the intricacies of Indiana Expungement law and know how to navigate the system. Contact us to expunge your conviction.
Does Indiana expungement restore gun rights?
Unfortunately the answer is not so simple; it depends on the crime and the precision of your expungement order. XpungeIndy will provide you with a free consultation so you can understand your rights when it comes to expungement and gun ownership. Contact us today. 317-647-5476
