Guy Relford ..... nuff said .....
no it is an expungment.clearly states shall be as conviction never happened. shall make a proper person restoring all rights.I didn't think Indiana had true expungement. Pardons, yes, but not a true expungement.
Guy Relford ..... nuff said .....
I do not think a state issued expungement can erase info from a federal data bank. You can probably get registered to vote but that is about all, unless a fed official can be convinced to honor the expungement document. You will need a good firearms attorney and plenty of money.
Once an individual receives an expungement, any lost civil rights are restored, and potential employers are prohibited from inquiring about the expunged conviction. Although it’s known as Indiana’s Expungement Law, the “Second Chance Law” nickname is more appropriate because any case that has been restricted will not show up on a criminal history check by non-criminal justice organizations or individuals and will be considered expunged for all purposes except disposition of the records. Criminal justice agencies like the court, prosecutor, and police continue to have access to these records, meaning that the access to criminal information is restricted to criminal justice agencies and not erased completely.
my expungment was may of 2016. I as told it would restore my firearm rights.i check my history it shows nothing now.Hi all - long time reader but new poster here. I'm an attorney (Russell Cate at Cate Terry and Gookins) in Carmel who practices firearms law. I have done many many many expungements. Indiana does have an expungements law that the DOJ/ATF have determined restores an individual's second amendment rights. Now there are a few things you need to know. 1) it has not always been this way. The expungement law was amended in 2015 after the DOJ started sending Indiana State Police letters that said they did not honor Indianas expungement laws as written. This pissed me off so I called the NRA ready to file suit. NRA legal counsel advised that the fight had already been fought in Wyoming based on nearly the exact same law and the state of Wyoming lost. That said, Indianas legislature amended the language in 2015 and the ISP sought an opinion letter from the DOJ where they acknowledge the expungement law is now correct because it makes you a proper person (I won't go into the hype technical legal reasons why unless someone requests).
2) I need to know more about the felony conviction. Maybe I missed it but I did not see what the conviction was for or what level felony it was.
3) If it is a D felony my recommendation is t try to get it reduced to a misdemeanor FIRST. Many lawyers say "just get it expunged that is good enough". Those lawyers are right, however, it will make your life MUCH easier if you can get it reduced to a misdemeanor. Why you ask? Great question. Because I have had clients who had felonies expunged attempt to buy a firearm, get denied, and have the ATF show up on their doorstep a week later. Remember, while an expungement makes you a proper person it does not update the FBIs records. So in the ATF's eyes you're still a felon trying to buy a firearm.
So so what do you do? (Another great question). Best course of action is a) reduce to a misdemeanor of eligible b) expunge c) LTCH d) Voluntary Appeals File through NICS d) enjoy firearm purchasing goodness. The process is not a fast one but it works.
Expungements and and reduction to misdemeanors aren't automatic. You must take an affirmative action by filing a petition with the court no matter how long ago the conviction was. Certain offenses are excluded by statute from ever being expung
If you have questions I can try to answer them. If you prefer you may email me at rcate@ctglaw.com to maintain your privacy and keep the A/C privilege in tact.
my expungment was may of 2016. I as told it would restore my firearm rights.i check my history it shows nothing now.
Hi all - long time reader but new poster here. I'm an attorney (Russell Cate at Cate Terry and Gookins) in Carmel who practices firearms law. I have done many many many expungements. Indiana does have an expungements law that the DOJ/ATF have determined restores an individual's second amendment rights. Now there are a few things you need to know. 1) it has not always been this way. The expungement law was amended in 2015 after the DOJ started sending Indiana State Police letters that said they did not honor Indianas expungement laws as written. This pissed me off so I called the NRA ready to file suit. NRA legal counsel advised that the fight had already been fought in Wyoming based on nearly the exact same law and the state of Wyoming lost. That said, Indianas legislature amended the language in 2015 and the ISP sought an opinion letter from the DOJ where they acknowledge the expungement law is now correct because it makes you a proper person (I won't go into the hype technical legal reasons why unless someone requests).
2) I need to know more about the felony conviction. Maybe I missed it but I did not see what the conviction was for or what level felony it was.
3) If it is a D felony my recommendation is t try to get it reduced to a misdemeanor FIRST. Many lawyers say "just get it expunged that is good enough". Those lawyers are right, however, it will make your life MUCH easier if you can get it reduced to a misdemeanor. Why you ask? Great question. Because I have had clients who had felonies expunged attempt to buy a firearm, get denied, and have the ATF show up on their doorstep a week later. Remember, while an expungement makes you a proper person it does not update the FBIs records. So in the ATF's eyes you're still a felon trying to buy a firearm.
So so what do you do? (Another great question). Best course of action is a) reduce to a misdemeanor of eligible b) expunge c) LTCH d) Voluntary Appeals File through NICS d) enjoy firearm purchasing goodness. The process is not a fast one but it works.
Expungements and and reduction to misdemeanors aren't automatic. You must take an affirmative action by filing a petition with the court no matter how long ago the conviction was. Certain offenses are excluded by statute from ever being expung
If you have questions I can try to answer them. If you prefer you may email me at rcate@ctglaw.com to maintain your privacy and keep the A/C privilege in tact.
Send me an email. I have some thoughts.
i haveThat's a good offer! I hope the OP contacts you.
Did you leave it off the form where it asked if you've even had a conviction?
Even if it was truly expunged, if it shows up in the background check and you didn't divulge it, it may be enough to deny.
As others have said, call Guy Relford.