Restoration of Gun Rights through Expungement
If you have a criminal past that is preventing you
from possessing a firearm then you might be eligible to restore your gun rights through an expungement. There
are many reasons why an individual may be prohibited from possessing a firearm; however, the most common hurdle is that the individual had a felony conviction. In 2013, the Indiana Legislature passed the Expungement Law to give individuals a second chance at life with a restricted criminal record. One of the questions lingering from the new law was whether a successful expungement would restore an individuals ability to possess a firearm. The answer to this question has evolved over time.
Early on the Federal Government, through the ATF, determined that Indiana's expungement law did not meet the federal requirements to restore one's gun rights. This decision limited the options for many of our clients. One option was to petition the Court for Alternative Misdemeanor Sentencing; however, this remedy was available only to a portion of our Clients. This decision barred many who sought an expungement from having their gun rights restored despite the fact that an expungement restored other civil rights.
Fortunately, the Federal Government revisited their decision. Through amendments to the law, the Indiana Legislature added language stating that an individual whose records are expunged shall have their civil rights fully restored. Towards the end of 2015, the Federal Government opened the door for individuals with expunged convictions to restore their gun rights provided that the order contained restoration language. Under current analysis, the expungement of one's felony conviction accompanied with the full restoration of an individual's civil rights results in that individual being eligible to be a proper person to possess a firearm.
This ability does not apply to every expunged conviction, for example an individual convicted of domestic violence does not have their gun rights restored through an expungement alone. An individual under an order of the Court to be prohibited from possessing firearms, such as a protective order, would not have their rights restored by an expungement order alone. However, many individuals have had their gun rights stripped through a felony conviction in their past and that conviction alone is the only hurdle barring them from gun ownership. For these individuals, the recent changes in the expungement law can restore their rights.
It is important to work with an experienced attorney when seeking to restore firearm rights. Andrew Noone has helped many individuals obtain concealed carry permits through the expungement process. A knowledgeable attorney will insure that the proper restoration language is included in the expungement order, because without this you may not have your rights properly restored.
If you wish to have your gun rights restored, please contact our office at 317-787-8395 to see if you qualify.
