A criminal conviction or guilty plea can change a person’s life permanently. Certain types of crimes carry secondary consequences. In addition to the penalties imposed by the courts, defendants may also face restrictions on their Second Amendment rights.
In scenarios involving violent felony offenses, people may not have the same rights as other adults. Even after people serve their sentence and learn from their mistakes, their prior record may limit their options for sport, professional development and self-defense. Those who want to regain their Second Amendment rights after a criminal conviction may need assistance exploring the possibility of an expungement.
What is an expungement?
Also sometimes known as record sealing, expungement involves the removal of specific records about criminal matters from public databases. While state authorities can still access these records if necessary, outside parties conducting background checks typically cannot access information that people have successfully expunged.
Expungement is a judicial process that can help people improve their lives after they have served their sentences and fulfilled their debt to society related to a prior criminal conviction.
When is expungement an option?
Indiana offers relatively robust expungement options. Even those with serious felony convictions may eventually be eligible for expungement if they wait long enough and avoid additional criminal charges. While some states do not allow people to expunge actual convictions, Indiana does.
In cases involving serious felony offenses that might carry Second Amendment consequences, the waiting period for expungement is relatively long. The person seeking expungement typically has to wait either five years from when they completed serving their sentence or 10 years from the date of their conviction. The courts generally expect people to wait for the later of the two dates.
The expungement process involves petitioning the courts and undergoing a background check. The prosecutor typically also has to approve the expungement request in cases involving serious felonies. Successful expungement can restore Second Amendment rights unless the offense involves domestic violence.
Those hoping to move on after a conviction may need to discuss the possibility of expungement with a lawyer familiar with Indiana’s unique criminal statutes. Expunging a prior criminal conviction could potentially allow people to pass background checks and enjoy more of their civil liberties than they could with serious blemishes on their criminal records.