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  • tractionroller

    Plinker
    Rating - 0%
    0   0   0
    Jun 20, 2016
    34
    8
    Indy
    Ok long story short 26 years ago i had a felony conviction. May of this year i was granted an expungment.check my record it shows no arrest or conviction. apply for LTCH and get a disapproval letter from IMPD. "False statement of material facts. You have a felony". What do i do now.
     

    Reverend Dreed

    Marksman
    Rating - 0%
    0   0   0
    Jan 24, 2016
    224
    28
    new hope
    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.
     

    SEIndSAM

    Grandmaster
    Site Supporter
    Rating - 100%
    47   0   0
    May 14, 2011
    110,805
    113
    Ripley County
    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.

    ^^^^^^ This ^^^^^^
    Your going to need to talk to an Attn...
     

    MCgrease08

    Grandmaster
    Rating - 100%
    37   0   0
    Mar 14, 2013
    14,373
    149
    Earth
    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.
     

    Joniki

    Master
    Trainer Supporter
    Rating - 100%
    10   0   0
    Nov 5, 2013
    1,593
    119
    NE Indiana
    On the LTCH application it is worded such that you do not have to disclose an expungement. It does take some time to clear the various records in Indiana.

    Contact an attorney before you do aything else.

    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.

    Indiana Expungement of Arrests & Felony Convictions - Indianapolis Lawyers
     

    tractionroller

    Plinker
    Rating - 0%
    0   0   0
    Jun 20, 2016
    34
    8
    Indy
    I left a message for Guy Relford. I have come to the point were i figure i will never be able to carry. I was a out of control teen and got caught which was good it stopped me from doing it again. It has been almost 27 years.
     

    Ronald

    Marksman
    Rating - 0%
    0   0   0
    Apr 8, 2011
    199
    18
    I'm no lawyer but if your conviction was truly expunged and that felony is the only reason you were denied then do an appeal. I don't know if that's something you need a lawyer for or not but I imagine just showing them the court papers that say your felony was expunged and gun rights restored would be enough.
     

    Royal Coachmen

    Plinker
    Rating - 0%
    0   0   0
    Jun 3, 2013
    4
    3
    Noblesville
    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.
     

    tractionroller

    Plinker
    Rating - 0%
    0   0   0
    Jun 20, 2016
    34
    8
    Indy
    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.
     

    rhino

    Grandmaster
    Rating - 100%
    24   0   0
    Mar 18, 2008
    30,906
    113
    Indiana
    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.

    That's a good offer! I hope the OP contacts you.
     

    cedartop

    Grandmaster
    Rating - 100%
    1   0   0
    Apr 25, 2010
    6,687
    113
    North of Notre Dame.
    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.

    If expunged you don't have to reveal. That is the whole point. It will be there on a deep check, but on any form whether it be for a job or firearms related you can answer no.
     
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