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After some uncertainty, Indiana Attorney General Curtis Hill Jr. has stated that citizens who have had felony records expunged are generally eligible to purchase a firearm and a license to carry in public.

The confusion arose after light was shed on one section of Indiana law that declared a license to carry shall not be issued to any person has been convicted of a felony. A conflicting portion of another Indiana Code classified any former felon with an expunged conviction as eligible for a license to carry. Hill wants to reiterate that Indiana law does not impose firearm restrictions once a person’s record is cleared, except in cases that involve domestic violence convictions.

Hill noted that expungements serve to give convicted Hoosiers a second chance, and that clearing records should provide relief from the stigma. This means that however you feel towards gun ownership, in this country, a person who has received an expunction shouldn’t bear the burden of being perceived by others as a criminal. All civil rights should be restored, including the right to own and carry a gun. He stated, “Restoring a convicted felon as a proper person to carry a handgun but then denying them a license because of that same felony conviction violates the underlying policy and goals of the statute.” Though official opinions by attorney generals don’t carry any legitimate legal weight, these opinions are likely to be respected by judges who see the issue in their courtroom.

It’s worth noting that in Indiana, sex or violent offenses, crimes that result in serious bodily injury to another person, official misconduct, and repeated felonies using a deadly weapon are not eligible for expunction. Attorney General Hill has made strides in defending the integrity of those who have received expunctions and ensuring that they’re able to move on from the weight of a criminal record.

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The Indiana Supreme Court Justices are set to hear a particularly intriguing case regarding expungement.

Naveed Gulzar was convicted of a Class D felony theft in 2006. In 2016, Gulzar successfully petitioned to have his conviction reduced to a Class A misdemeanor. He then filed an expungement petition in 2018. This petition was denied on the grounds that Gulzar had to wait a full five years after the entry of the misdemeanor… even though this incident happened in 2006. The Elkhart Superior Court ruled that Gulzar had to wait a full five years from the date the conviction was reduced.

The entire situation is a bit preposterous. This conviction has no doubt hung over Gulzar’s head since 2006, which is proven by the fact that he took considerable action in 2018. He shouldn’t have to wait a full five years from 2018 for an incident that was almost 15 years ago. The reasoning is purely clerical—this particular five-year waiting period would serve no legitimate purpose.

Judge John Baker agrees. He dissented, arguing that forcing Gulzar to wait would mean that “a person who has a Class D felony conviction that was converted to a Class A misdemeanor has to wait longer for expungement than someone who merely has a Class D felony conviction.” He called the result “both unjust and ill-advised,” and “doubly wrong.”

The Indiana Supreme Court agreed to hear the case, and we can only hope they come to a just ruling.

Keep Reading

Indiana AG Confirms Gun Rights Are Fully Restored to Former Felons After Expungement

Indiana Supreme Court Will Hear Extended Expungement-Wait Case