Is it Possible to Restore Your Gun Rights After Expungement?
For many people, getting a criminal record expunged is an opportunity to move forward with their life, as well as reclaim their dignity and lost rights. One of the biggest factors that motivates people to move forward with expungement is to regain their right to legally own a firearm. Whether it is for peace of mind, self-defense, or hunting, restoring your Second Amendment right can be life-changing.
The firearm laws in Indiana, though, are very clear. If you have convictions for certain crimes on your permanent record, expungement alone will not restore your firearm rights. Our Indianapolis expungement lawyer explains more about the law below.
When Does Expungement Restore Your Indiana Gun Rights?
State law in Indiana generally restores your civil rights after expungement. This includes the right to vote, to hold public office, to be a proper person under 35-47-1-7(2) and to serve as a juror.
Expungement for the majority of non-violation convictions restores your status as a ‘proper person.’ This is the legal standard used in Indiana to determine who can legally possess a firearm. After being declared a proper person again, state law no longer prohibits you from owning or carrying a gun.
However, restoration of your rights to a firearm is not automatic in every case. If you were convicted of an offense related to domestic violence, domestic battery, or strangulation, expungement does not restore your right to own or carry a firearm. In these cases, there is a additional and separate procedure to complete to restore your right to possess a firearm.
Restoring Your Firearm Rights in Indiana After a Conviction for Domestic Violence
After a conviction for domestic violence, you may be able to restore your gun rights under Indiana law but there are more steps involved than going through the expungement process. These are as follows:
- Wait at least five years: Firearm restoration laws require that you wait at least five years from the date of your conviction before moving forward.
- File the petition: You must petition the courts to restore your firearm rights in the original criminal case. This is entirely separate from your expungement and a lawyer can ensure that your petition complies with the standards set out in the Indiana Code.
- Attend the hearing: A hearing will be set to determine if restoring your rights would align with public interest. If the judge does not believe that you are a threat to public safety, they may restore your firearm rights.
- Proceed with expungement: After your right to own and carry firearms is restored, you can then proceed with expungement.
It is critical that you follow the above steps in order. If you expunge your record first, you can only restore your gun rights if you unseal the expunged record.
Our Expungement Lawyers in Indianapolis Can Help You Through the Process
At Rigney Law, LLC, our Indianapolis expungement lawyers have helped many clients restore their rights and get the expungement they need to move forward with their life. We can put that expertise to work for you, too. Call us today at 317-623-0989 or contact us online to schedule a free consultation and to learn more about how we can help with your case.
Source:
in.gov/ipdc/files/TITLE35_AR38_ch9.pdf