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Indiana Expungement and Firearms 

Anyone who has had to carry the weight of a criminal offense will tell you: it can make your everyday life much more complicated. Simple things like finding a job, applying for a loan, or finding suitable housing, suddenly become a challenge. Furthermore, you’ll face some restrictions to your civil rights – such as the ability to vote, serve on a jury, or own/possess a firearm. Thankfully, the laws regarding Indiana expungement and firearms do allow most people to restore their civil rights, including the ability to own and carry a gun.  

If you have been restricted from owning and carrying a firearm due to a criminal record, an expungement lawyer at Keffer Hirschauer LLP is available to help you restore your rights. We employ an entire team of lawyers who expunge records, restore civil rights, and help clients move forward with their lives. Our team understands Indiana Expungement law inside and out. We can help you understand just how much of your criminal record is eligible for expungement and handle the filing of your petition for you, ensuring all the strict requirements are met.  

Remember, you only get one shot at expungement. There’s no need to blow it by submitting a do-it-yourself expungement petition, only to find out that you’ve made a small, technical mistake. To give yourself the best chance at restoring your gun rights, call the Indiana expungement and firearms lawyers at Keffer Hirschauer LLP at 317-857-0160 or complete our online contact form to schedule a free consultation. 

Who Can Carry a Gun and Purchase in Indiana?  

As stated in the Indiana Gun Owners Bill of Rights, “any proper person, as defined in Indiana Code 35-47-1-7, may legally carry a handgun, concealed or openly, or have a handgun in their vehicle without a license.” However, those not deemed a “proper person” cannot carry a firearm in Indiana.  

Proper Person definition, as it relates to Indiana expungement and Firearms

As for purchasing a firearm in Indiana, the state only prohibits the sale of a firearm to individuals under the age of 18, unless the gun is sold/transferred to the person by their parent or guardian. Furthermore, it is illegal to transfer a firearm to a person who cannot legally purchase it from a dealer themselves, for reasons beyond age, or to transfer a weapon to a person knowing that they will commit a crime with it. 

What are the Laws on Indiana Expungement and Firearms? 

The laws on Indiana expungement and firearms are rather clear – if you’re currently not deemed a “proper person” and your conviction is NOT for an offense of domestic violence, you may be able to have your gun rights restored by petitioning to have the applicable conviction(s) expunged and seeking a restoration of your firearms rights.  

However, there are some limitations to expungement law in Indiana. Under no circumstances can the following sentences be expunged:  

  • Sex or violent offender under Indiana Code 11-8-8-5 
  • Official misconduct under Indiana Code 35-44.1-1-1 
  • Convictions for two or more offenses involving the use of a deadly weapon that were not committed as part of the same episode of criminal conduct 
  • Homicide, voluntary manslaughter, or involuntary manslaughter 

Domestic Violence, Indiana Expungement and Firearms 

Finally, when it comes to Indiana expungement and firearms, expungement will not automatically restore gun rights for those convicted of a crime of domestic violence. Per Indiana Code 35- 47-4-7, an individual who has been convicted of a crime of domestic violence is still prohibited from possessing a firearm. However, they may petition the court for a restoration of their rights to possess a firearm.  

Domestic violence can include a wide variety of offenses against a spouse, partner, or family member. Such offenses include domestic battery, stalking, invasion of privacy, kidnapping, criminal confinement, or even murder. For example, Indiana Code 35-42-2-1.3 defines domestic battery as a battery offense that is committed against one of three types of persons: (1) someone who is or was the offender’s spouse; (2) someone who was living with the offender as if they were spouses; or (3) someone with whom the offender shares a child. 

If you are seeking to restore your gun rights in Indiana following a domestic violence conviction, the Indianapolis attorneys at Keffer Hirschauer LLP can assist you. As experienced Indiana criminal defense lawyers, we have a deep understanding of your firearm possession and carry rights and a passion for fighting to preserve those rights whenever possible. Call us today at 317-857-0160 or complete our online contact form to schedule a free consultation with an Indiana gun rights attorney.  

What are the Eligibility Requirements for Indiana Expungement? 

In Indiana, expungement is not allowed immediately following an arrest, charge, or conviction. In fact, the required waiting period is dependent on the nature of the record and level of the offense. However, even if you’ve surpassed the waiting period, expungement is not automatic. In some cases, additional conditions apply. 

Waiting Periods for Indiana Expungements 

  • Arrests, charges, or juvenile delinquency adjudications – one year 
  • Misdemeanors and lower-level felonies reduced to misdemeanors – five years 
  • Class D and Level 6 felonies – eight years 
  • Eligible major felonies – eight or more years following conviction or three years from completion of your sentence, whichever is later 
  • Serious felonies – ten years since the conviction OR five or more years from the completion of your sentence, whichever is later 

In addition to surpassing the waiting period, eligibility for expungement depends on satisfying a handful of other conditions. 

Expungement conditions for arrests, charges, and juvenile delinquency adjudications:  

  • The arrest or charge did not result in a conviction or juvenile delinquency adjudication or, if it did, such was overturned on appeal 
  • No current participation in a pretrial diversion program 
  • No convictions in the year before filing the expungement petition 
  • No currently pending criminal charges 
  • Successful completion of all diversion program requirements 

Expungement conditions for misdemeanors and lower-level felonies:  

  • No convictions in the five years before applying for an expungement 
  • No currently pending criminal charges 
  • Payment of all fines, fees, court costs, and restitution orders 
  • Payment of the expungement filing fee 

Expungement conditions for Class D and Level 6 felonies: 

  • No convictions in the eight years before applying for an expungement 
  • No currently pending criminal charges 
  • Payment of all fines, fees, court costs, and restitution orders 
  • Payment of the expungement filing fee 

Expungement conditions for major felonies, including Class C or Level 5 felonies and higher (Not automatic):  

  • No convictions in the eight years before applying for an expungement 
  • No currently pending criminal charges 
  • Payment of all fines, fees, court costs, and restitution orders 
  • Payment of the expungement filing fee 

Expungement conditions for serious felonies:  

  • No convictions in the ten years before applying for an expungement 
  • No currently pending criminal charges 
  • Payment of all fines, fees, court costs, and restitution orders 
  • Payment of the expungement filing fee 
  • Prosecutor consent to expunge 

How I Get a Record Expunged in Indiana?

When it comes to Indiana expungement and firearms, the process is relatively straightforward. First you must be eligible for expungement in Indiana. Secondly, if you are eligible, you must file a petition or formal written request in the court that entered the judgment of conviction or the county of the arrest or charge.  

Indiana expungement law, located in Indiana Code 35-38-9-1, lists the elements that must be included in the expungement petition, which differ depending on the type of criminal record you’d like to have expunged (arrest, charge, juvenile adjudication, or conviction). Furthermore, your expungement petition must be in compliance with the Indiana Rules of Trial Procedure, timely filed, and served on the county prosecutor. Given the complexity of the petition details and the strict compliance required for filing, it’s best to work with an experienced Indiana expungement attorney to draft your petition, rather than file a do-it-yourself expungement.  

Once filed, the court will review the petition and, in some cases, may hold a hearing. If the court approves your petition, it will issue an order directing that the criminal records identified in your petition be sealed.  

Why Should I Hire an Indiana Expungement and Firearms Attorney? 

If you’re hoping to restore your gun rights via expungement, it’s highly recommended to seek the counsel of an experienced and meticulous Indiana expungement and firearms attorney. The reason being is that the expungement laws in Indiana are very specific. For example, Indiana expungement is a one-time deal. You can only request expungement once, and all of the records you wish to have expunged must be listed on that petition. In addition, you must file a separate petition for expungement in each individual county in which an arrest, charge, juvenile adjudication, or conviction occurred, and finally, you must consolidate all expungement petitions filed in a single county.  

As you can probably tell by now, filing an expungement petition on your own can be overwhelming and a single, technical mistake can cost you. However, an expungement attorney will be well-acquainted with all of these intricacies and will act in compliance with all expungement requirements and deadlines. They’ll also make sure that your request covers as much of your criminal history as possible, ensuring that you have the best chances possible of restoring your gun rights.  

Ready to Speak with an Indiana Expungement and Firearms Lawyer? 

Curious about Indiana Expungement? Call Keffer Hirschauer LLP Today.
Indiana Expungement and Firearm Lawyers

If you’d like to restore your gun rights through Indiana expungement, the criminal defense attorneys at Keffer Hirschauer LLP are ready to assist you. Our expungement team has guided thousands of clients through the entire expungement process. We can help you confirm your eligibility, research your criminal history, gather case records and other necessary court documents, and prepare your expungement petition. If needed, we will argue on your behalf in court, and if successful, we’ll make sure to distribute notice of your expungement to all relevant state agencies, including the Indiana State Police.  

To begin working on your expungement, call us today at 317-857-0160 or complete our online contact form to schedule a free consultation.  

Summary
Common Questions on Indiana Expungement and Firearms
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Common Questions on Indiana Expungement and Firearms
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This article addresses a variety of questions regarding the topic of Indiana expungement and firearms.
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Keffer Hirschauer LLP

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