Can Indiana Expungement Restore Gun Rights?
Yes, under most circumstances, Indiana expungement can restore gun rights for those with past felony convictions. However, there are some limitations. Individuals convicted of certain offenses are not eligible for expungement, in general, while others may need to go through a completely different process to restore their gun rights, even after having their expungement petition granted by a court.
If you have had your gun rights restricted due to the existence of a criminal record, an expungement lawyer at Keffer Hirschauer LLP is available to help you. We have an entire team of lawyers who expunge records, restore gun rights, and help clients move forward with their lives. Our team has extensive experience navigating the Indiana expungement and can handle the filing of your petition for you, ensuring all the strict requirements are met.
Remember, expungement in Indiana is a one-time deal. There’s no need to risk your only chance at restoring your gun rights by submitting a do-it-yourself expungement petition, only to find out that you’ve made a small, technical mistake. To give yourself a stronger chance at restoring your gun rights, call the Indiana expungement and firearms lawyers at Keffer Hirschauer LLP at 317-751-7186 or complete our online contact form to schedule a free consultation.
Indiana Gun Rights
Indiana Gun Owners Bill of Rights provides that “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.” In contrast, a person who is not deemed a “proper person” is prohibited from carrying a gun in Indiana.
When it comes to buying a gun 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. However, it is illegal for a person to transfer a firearm to another person who cannot legally purchase it from a dealer themselves.
Who Can Restore Gun Rights Through Indiana Expungement?
Generally speaking, Indiana expungement can restore gun rights for most individuals who are eligible to petition for expungement. However, limitations do exist. For instance, under no circumstances can the following convictions 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
In other words, if you have been convicted of any offenses listed above, Indiana expungement cannot restore your gun rights because you are ineligible to petition for expungement.
Domestic Violence and Gun Rights in Indiana
Furthermore, expungement will not automatically restore gun rights for those convicted of a crime of domestic violence. As stated in Indiana Code 35- 47-4-7, a person who has been convicted of a crime of domestic violence is prohibited from possessing a firearm, even after being granted an expungement. However, they do have the option to petition the court requesting the restoration of their gun rights. However, per Indiana Code 35-47-4-7, they may only make this request after five years have passed since their conviction.
It’s important to note that a variety of offenses can be considered “domestic violence.” Depending on the circumstances, this includes but is not limited to, domestic battery, stalking, invasion of privacy, kidnapping, criminal confinement, or even murder. However, a crime is generally considered to be “domestic” if it is committed against someone who is or was the offender’s spouse; someone who was living with the offender as if they were spouses; or someone with whom the offender shares a child.
Who is Eligible for Expungement in Indiana?
In Indiana, there are certain waiting periods a person must complete prior to becoming eligible for expungement. For those looking to expunge an arrest, charge, or juvenile delinquency adjudication, this waiting period is only just one year. However, for those convicted of misdemeanors or felonies reduced to misdemeanors, the waiting period is increased to five years. For more serious offenses, the waiting period is even longer. Individuals who would like to expunge a Level 6 felony must wait 8 years, while those hoping to expunge major felonies must wait 8 years following their conviction or three years following the completion of their sentence, whichever is later. Finally, those convicted of serious felonies in Indiana must wait ten years from the date of their conviction or five years from the completion of their sentence, whichever is later.
Once a person has completed the waiting period, their eligibility for expungement will depend on whether they’ve satisfied any other conditions set forth by the expungement statute in Indiana Code 35-38-9, which include the following:
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 consents to expungement
The Importance of Hiring an Indiana Expungement Attorney to Restore Your Gun Rights
If you’d like to pursue Indiana expungement to restore gun rights, it’s highly recommended to seek the counsel of an experienced and meticulous Indiana expungement attorney. The expungement laws in Indiana are very specific, and you can only request expungement once in your lifetime. This means that a single, technical mistake could cost your gun rights, indefinitely.
Thankfully, an Indianapolis expungement lawyer will be well acquainted with all the laws 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 through Indiana expungement.
If you have further questions about Indiana expungement and firearms, the Indianapolis attorneys at Keffer Hirschauer LLP are available to speak with you. Our team has a strong track record of helping Hoosiers restore gun rights in Indiana, whether that be through expungement or petitioning the court following a conviction under the domestic violence laws in Indiana.
Don’t let your past mistakes strip you of your gun rights forever. Take action and speak with an Indiana gun rights attorney today by calling 317-857-0160 or completing our online contact form to schedule your free consultation with a member of our expungements team.
