Federal Government Takes Position on Expungements and Federal Firearms Law

January 09, 2015

By Keffer Hirschauer LLP

As one of the biggest and most substantial areas of law has begun to settle into use in Indiana courts, many government agencies are beginning to develop policies and take positions on the effects of Indiana’s Expungement Law.

The most substantial position was recently revealed by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE). Specifically, the ATFE was asked by the Indiana State Police to determine what, if any, effect an expungement under Indiana law would have on an individual’s right to possess a firearm under Federal law.

In a letter dated November 3, 2014, that was recently disclosed by the Indiana State Police, Michael Boxler, Special Agent in Charge of the Columbus Field Division, detailed the ATFE’s position on the effect of Indiana’s expungement statute on Federal firearms law. In that letter, Agent Boxler stated that an expungement under Indiana law would not permit future firearms possession under Federal law because Indiana’s expungements do not meet Federal standards. Specifically, the expunged convictions can be used later in subsequent proceedings and can be admitted into evidence in certain limited circumstances. Click here to read the full letter.

If you have a criminal conviction that has been holding you back, contact the Expungement Attorneys at Keffer Hirschauer LLP today. Schedule a free consultation by contacting Keffer Hirschauer LLP at (317) 857-0160.