Question/s re: Expunged Misdemeanor LTCH

[PrinceofPeace]

Good Morning. Without getting into too much unneeded detail, I am looking for some guidance re: obtaining a LTCH post misdemeanor convictions expungement. My attorney has sent the court order granting the expungement to the IN State Police (although I have not yet heard from the ISP confirming sealing my misdemeanor convictions). I understand that law enforcement, DHS, FBI (and a few other government entities) still have access to my "sealed/expunged" record. Based on my last sentence, does anyone know if I can obtain an Indiana LTCH? If so, what steps must I take to begin the process? What do I include on the application? In other words, although my misdemeanor record is to be sealed, law enforcement can still see the convictions. So, do I indicate that I have never been convicted of a misdemeanor per the court ordered expungement/sealing of my record or do I disclose the misdemeanors convictions? I appreciate the feedback and apologize if I have created a post that has been answered elsewhere. I have searched the site and have found several posts that partially address my situation but they don't answer all of my questions.

 

[pudly]

The restrictions are on felonies and any domestic battery. As long as your conviction isn't related to domestic battery, you should be okay.

Citation: https://iga.in.gov/static-documents/6/c/b/b/6cbb10c7/TITLE35_AR47_ch2.pdf

 

[PrinceofPeace]

The restrictions are on felonies and any domestic violence. As long as your conviction isn't related to domestic violence, you should be okay.

Thank you for the fast reply! Any thoughts as to my specific questions in my original post?

 

[SteveM4A1]

Good Morning. Without getting into too much unneeded detail, I am looking for some guidance re: obtaining a LTCH post misdemeanor convictions expungement. My attorney has sent the court order granting the expungement to the IN State Police (although I have not yet heard from the ISP confirming sealing my misdemeanor convictions). I understand that law enforcement, DHS, FBI (and a few other government entities) still have access to my "sealed/expunged" record. Based on my last sentence, does anyone know if I can obtain an Indiana LTCH? If so, what steps must I take to begin the process? What do I include on the application? In other words, although my misdemeanor record is to be sealed, law enforcement can still see the convictions. So, do I indicate that I have never been convicted of a misdemeanor per the court ordered expungement/sealing of my record or do I disclose the misdemeanors convictions? I appreciate the feedback and apologize if I have created a post that has been answered elsewhere. I have searched the site and have found several posts that partially address my situation but they don't answer all of my questions.

I would contact one of our resident lawyers. Kirk Freeman, Houghmade, Tactical Firearms Training (Guy Redford)..

 

[PrinceofPeace]

I would contact one of our resident lawyers. Kirk Freeman, Houghmade, Tactical Firearms Training (Guy Redford)..

Thank you for the advice. My attorney doesn't specialize in this area and so he can't advise me. I appreciate the references.

 

[bradmedic04]

Once the records are sealed, I thought you are allowed to say there haven't been any convictions (even though LE could look it up anyway), but hopefully one of the friendly neighborhood attorneys will be along shortly to assist.

Welcome, and good for you working to clean up your record.

 

[PrinceofPeace]

Once the records are sealed, I thought you are allowed to say there haven't been any convictions (even though LE could look it up anyway), but hopefully one of the friendly neighborhood attorneys will be along shortly to assist.

Welcome, and good for you working to clean up your record.

Thank you for the reply. I hope one of those friendly attorneys you mention comes along as well. And thank you for offering kudos for cleaning up my record. While I have never been in trouble with the law, prior to what I describe above, my criminal actions were the direct result of medically prescribed corticosteroids. Just FYI, if you are ever on the receiving end of a prescription of that family of drugs, be very aware of the dangerous, serious and life-threatening potential side effects they can pose.

 

[ThatOneKid]

You'll be fine, if your records are sealed/expunged/etc etc, you can simply check the "No convictions" box, and shouldn't have an issue.

 

[Gluemanz28]

Welcome to INGO. Most people start at the introductions thread though. I hope it all works out for you and you can obtain your LTCH.

 

[PrinceofPeace]

You'll be fine, if your records are sealed/expunged/etc etc, you can simply check the "No convictions" box, and shouldn't have an issue.

Thank you!

 

[PrinceofPeace]

Welcome to INGO. Most people start at the introductions thread though. I hope it all works out for you and you can obtain your LTCH.

Thank you. I apologize if I have breached protocol.

 

[Kirk Freeman]

Prince, it is in your best interest to contact your attorney regarding these questions.

The restrictions are on felonies and any domestic battery. As long as your conviction isn't related to domestic battery, you should be okay.

There are other convictions and non-convictions which can disqualify an individual from a LTCH, e.g. Resisting Law Enforcement as a misdemeanor.

 

[Kirk Freeman]

You'll be fine, if your records are sealed/expunged/etc etc, you can simply check the "No convictions" box, and shouldn't have an issue.​

Please understand that Indiana's new "a little pregnant" expungement statute is FAR different than the old true expungement statute.

It depends. Call your attorney today and go over this.

 

[snafu21]

You can check NO on felony conviction but I'd think yes on the lower Misdemeanor if it's just sealed unless that's the same as expunged

 

[pudly]

There are other convictions and non-convictions which can disqualify an individual from a LTCH, e.g. Resisting Law Enforcement as a misdemeanor.

Hmmm. Can you tell me where it is documented?

Edit: The key disqualifiers are listed in IC 35-47-2-1(c) and IC 35-47-2-3(g). Unless I'm missing something, resisting law enforcement isn't included.

 

[PrinceofPeace]

Please understand that Indiana's new "a little pregnant" expungement statute is FAR different than the old true expungement statute.

It depends. Call your attorney today and go over this.

My understanding is that my record is not truly expunged per the new law but rather sealed from all but law enforcement (supposedly only if during job duties), DHS, FBI, the courts if necessary... So it's not "gone"/expunged. Just sealed from public view more or less.

 

[PrinceofPeace]

Prince, it is in your best interest to contact your attorney regarding these questions.



There are other convictions and non-convictions which can disqualify an individual from a LTCH, e.g. Resisting Law Enforcement as a misdemeanor.

What about misdemeanor intimidation against LEO?

 

[PrinceofPeace]

You can check NO on felony conviction but I'd think yes on the lower Misdemeanor if it's just sealed unless that's the same as expunged

View attachment 31528

That is certainly tricky because the new law uses expungement and sealed synonymously. While my record is said to be both sealed and expunged, it is really sealed from public view but available to law enforcement, courts, DHS, FBI. Quite the quandary.

 

[PrinceofPeace]

Hmmm. Can you tell me where it is documented?

I would like to see that as well.

 

[PrinceofPeace]

You'll be fine, if your records are sealed/expunged/etc etc, you can simply check the "No convictions" box, and shouldn't have an issue.

Got your PM. Thanks!