Several years ago, the Legislature passed an expungement statutory scheme to “expungement” or remove old felonies and other arrest and misdemeanor convictions occurring in Indiana from a person’s criminal history. Expunged crimes were basically removed from a person’s criminal history, with the exception of certain uses by law enforcement or in the case of subsequent crimes.
These expungement statutes recognized people change over a long period of time. However, many remained “haunted” and limited in their daily life by an old criminal history. This is despite the fact that they had been model and productive citizens afterward. Most of us are ... Read More
Category: Restoration of Rights
09
Jan2018
12
Dec2017
We all make New Year’s wishes, right?
For thousands of Hoosiers, their wish is to have a clean criminal record without an old misdemeanor or felony conviction holding them back from job opportunities or having a firearm and license to carry. In the last several years, the Legislature has added several laws to allow you new ways to “remove” old convictions. This blog explores these and the legal remedies now available to you.
The oldest legal tool for addressing a past criminal conviction is post-conviction relief. This has been around for a long time, and in the right circumstance, may be used ... Read More
12
Jul2016
The concerns about domestic violence in many Western countries has led to detailed studies and new laws about this often unreported crime. Most states in the United States have specific statutes for criminal domestic battery where there are certain intimate relationships involved.
In a recent blog post, the seriousness the United States has placed on this issues was discussed because of the SCOTUS case affirming that a misdemeanor conviction of domestic violence could cause a life time loss of the core civil right to keep and bear arms (the other core civil liberties are the right to hold elected office, sit ... Read More
15
Apr2014
Indiana has a long connection with personally owned firearms and the industry, such that Indiana is the only state with a lifetime License to Carry a Handgun and Crane Naval Warfare Center in Crane, Indiana being a focal point for military weapons system development. It is not surprising so many Hoosiers have a License to Carry Handgun issued by the Indiana State Police, running into the hundreds of thousands.
Under Indiana law, to be issued a License to Carry a Handgun, a key is the person must be considered a “proper person.” The Indiana State Police (Firearms Division) is responsible for ... Read More
11
Mar2014
In Indiana, it is unlawful for a serious violent felon, whether convicted in Indiana or another state, to possess a firearm1. However, when applying for a concealed firearms permit, or to purchase a firearm, you may be denied for a myriad of other reasons. Indiana, like most states, are updating their criminal records to online systems, which provide for quicker and more thorough background checks, however, there may be occasions where old criminal records are updated incorrectly. In other cases, a conviction, or criminal charge may be so old, that one has forgotten about it, and innocently failed to disclose ... Read More
13
Feb2014
In 2012 the Indiana Legislature adopted the Alternative Misdemeanor Sentencing Statute, which now provides that certain Class D felony convictions could be reduced to a Class A misdemeanor.1 To seek this relief from the trial court, you must meet the following criteria:
Not be a sex or violent offender
Your class D felony must not have included acts resulting in bodily injury to another person.
Not have been convicted of perjury or official misconduct (under Indiana Code § 35-44-2-1 or § 35-44-1-2).
Three (3) years must have elapsed since you completed your sentence and satisfied any other obligation imposed as a result of the ... Read More
29
Jan2014
As an attorney working in the firearms arena on a daily basis, I am learning new legal concepts, ideas and ways of looking at things everyday. At the same time, I also get the earful of urban myth. One of the more common is that Indiana is doing away with its lifetime License to Carry Handgun permit. And once you have it, it cannot ever be suspended or revoked. Both are untrue.
In fact, just like a driver’s license, certain acts or omissions with a firearm may result in your license being suspended pending a hearing. One basis for a gun ... Read More
29
Jan2014
It may seem surprising in a state of just 6.5 million people, but Indiana has hundreds of thousands of adult residents who have an Indiana License to Carry Handgun. In addition, the Legislature, Courts and Executive Branch are fairly favorable to gun rights, and our laws have set precedent throughout the United States - not to be confused or equated with gun violence and improper gun use for which we all agree is a tragedy and gives lawful and safe gun owners a bad reputation.
This background, coupled with computerization, has led to old arrests being placed on the NICS background ... Read More