Indiana has passed two versions of expungement statutes. The purpose of the statutory scheme was to restore core civil liberties to certain individuals who had old criminal histories in Indiana. These core civil liberties are to hold public office, vote, serve on a jury and possess firearms.
However, the Justice Department did not accept Indiana’s expungement statute to restore the right to keep and possess firearms under Indiana law nor qualify for a License to carry a handgun. While a very technical area, as of November 1, 2015, it appears that ATF has recognized Indiana’s current statute as comporting with federal law and restoring rights.
What this means is if you had a prior expungement or seek one now, it is possible to restore the right to keep and bear arms under state and federal law. This is a dramatic shift under the Gun Control Act of 1968 and speaks to the growing call for certain non-violent felons and a few convicted of misdemeanors to restore their rights where they have had what is otherwise an unblemished past after conviction.
This blog post is written by attorneys at Dixon & Moseley, P.C. It is intended for general educational purposes only. It is not intended as specific legal advice or a solicitation or services. Dixon & Moseley, P.C. advocates handle firearms cases across the State of Indiana.
