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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27483
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I live in indiana and have a felony charge from 1998. Can I

Resolved Question:

I live in indiana and have a felony charge from 1998. Can I some how get my gun rights back.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.
Hi Jacustomer,

When you get a felony conviction, you not only lose your state gun rights but you lose your Federal rights as well. Federal law trumps state law, but the Feds have decided that if a person gets his felony charge expunged, pardoned or set aside and also gets his civil rights restored they will not stand in the way of his getting his full gun rights back.

Unfortunately,Indiana's expungement law is very limited. The only convictions that Indiana will expunge are those which have first been pardoned by the governor. You can see a plain English version of the Indiana expungment law here and read the bad news for yourself.

In order to get the pardon, you would have to apply to the Indiana Parole Board which does the screening for the governor. Their form is on line and I have linked you to it. The pardon does not erase the felony but with one, you would be able to qualify for the expungement. Note that both the pardon and the expungement can be accomplished without an attorney. The Parole Board's form makes it clear that this matter could take a year for processing and that pardons are not granted all that frequently.

Good luck.

Edited by FranL on 11/2/2010 at 9:33 PM EST
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