An individual’s Second Amendment1 right to keep and bear arms becomes all the more important in these troubling times. As people in Indiana (and nationally) flocked to their local firearms dealer or a gun shop to buy a gun in the face of uncertainty with the COVID-19 global pandemic, many individuals were “denied” the purchase by a NICS2 background check. Is this your situation? If you didn’t expect it, you probably have many questions swirling around in your head, such as “how is this possible? what does this mean? what can I do to fix it?” In this blog, we ... Read More
Tag: felony expunged
29
Apr2020
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
14
Nov2017
Just a few years ago, there were exceedingly narrow ways an Indiana felon could have his or her record cleared up to “remove” the felony. For example, the person who committed a felony years ago and had not been in legal trouble since that time was likely not a felony risk to society and should not have the stigma. Also, felonies—even old felonies—barred many employment opportunities. Contrariwise, some old felonies were awful crimes, such as child molesting or rape and there was no societal, judicial, or legislative will to provide relief.
However, expungement statutes were ultimately introduced into the General Assembly. ... Read More
12
Nov2015
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 ... 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