In a previous post, I wrote about how an expungement can provide a second chance for many who are saddled with a felony conviction. In a more recent development, that relief has now been extended to include the restoration of a person’s rights to purchase and/or possess a firearm.
Both State and Federal law prohibit a convicted felon from purchasing or possessing a handgun. When the Indiana State legislature passed the expungement statute, the Federal authorities held that, because Indiana’s law wasn’t a true expungement statute (it only sealed the conviction records rather than vacated them), Indiana’s expungement had no effect on the prohibition regarding purchasing/possessing a firearm. The original law specifically stated that it restored the right to vote, the right to hold public office, and the right to serve as a juror. In response, the legislature amended the state law in 2015. After the amendment, the Indiana State Police began issuing permits to those who were previously convicted of a felony but had obtained an expungement. In addition, the federal government, through the division of the FBI that manages the instant background checks for gun purchases (National Instant Criminal Background Check System or “NICS”), was permitting those same individuals to purchase firearms.
Apparently, a change in the administration at NICS resulted in an unexplained reversal of course; over approximately the last year, the feds again began to red-flag gun purchases by those Indiana residents who had their conviction records expunged. This caused a lot of confusion and resulted in the Indiana State Police also putting a hold on their processing of carry permits. In stepped the Indiana Attorney General. On December 16, 2019, the Attorney General for the State of Indiana, at the request of the Indiana State Police, issued Opinion 2019-6. The issue addressed in the opinion was, “Does an expungement under the Indiana Code restore the rights of an individual to purchase or possess a firearm under the 1968 Gun Control Act [18 U.S.C.A. Section 921 et seq]?”
The short answer is: Yes.
The AG’s opinion held that, because an expungement (or “expunction”—the terms are interchangeable) fully restores an individual’s civil rights, with no firearms restrictions, “an expunction of a felony conviction in Indiana renders a person capable of purchasing and possessing a firearm under federal law.”
Indiana law now effectively restores all civil rights that were previously affected by a felony conviction. A convicted felon’s right to vote was already automatically restored upon release from imprisonment. That automatic reinstatement also triggered restoration of that person’s right to sit on a jury. No expungement was necessary. Now, for most convicted felons with an expungement, the right to hold public office and the right to purchase and possess a firearm may also be restored.
There are still restrictions (based on the type of offense the person was convicted of and what level felony it was), so it is imperative that you consult with an attorney regarding your specific facts before proceeding. Also, there is a separate, additional procedure that must be followed if the conviction was one involving domestic violence.
Let the attorneys at McKinney & Malapit help you in your effort to have your convictions expunged and your civil rights fully restored.
Mark R. McKinney is a partner at McKinney & Malapit Law who focuses his practice in the areas of criminal defense, municipal/utility law, family law, personal injury, and civil litigation. He graduated from Arizona State University with a BA in Political Science and from the Indiana University School of Law—Bloomington.
McKinney & Malapit Law is a general practice firm serving all of Indiana out of its Fishers and Muncie offices.
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