clearing up one's record.

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  • redhawk44

    Plinker
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    0   0   0
    Aug 6, 2009
    16
    1
    SW Michigan
    I live in Mi., and here, we have a method of getting one's gun rights restored after a felony conviction.

    It involves having served all sentencing requirements, a period of time having passed with no further incidence of trouble and getting a couple of people to vouch for your character and then applying to the proper authority. If that authority agrees, then you will be able to buy guns and carry a gun for personal defense.

    Now, my daughter, who is now 61, lives in Plainfield IN. and has a felony on her record because of drunk driving. This occurred many years ago and she has had no legal trouble since then. So, my questions to you guys is this: Does Indiana have such a process to get her gun rights restored?

    Thanks for any information on this.
     

    MarkC

    Master
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    2   0   0
    Mar 6, 2016
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    Mooresville
    Similar steps, but a good lawyer is a better resource... One should be along in a bit.

    *paging Kirk or Guy*

    ^^^^^ THIS. It is not a hard or complicated process [edited to add: for those of us who do it/have done it] but it has to be done right and well. Spending a little bit on a good lawyer to file the expungement is well worth the potential aggravation and loss of a statutory right (if it goes badly) that one might suffer from a DIY attempt.

    Edited: I re-read this, and realized that I made it sound too easy, which might encourage those who shouldn't be encouraged.
     

    VUPDblue

    Silencers Have NEVER Been Illegal !
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    25   0   1
    Mar 20, 2008
    12,885
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    Franklin Township
    If her felony is DUI related then it might not be so simple. The most common way to earn a felony DUI is by earning several of them in a short time period. If that's her case, she may also be a habitual substance offender which is a whole other ball of wax.
     

    nra4ever

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    Dec 19, 2011
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    Indy
    Too bad she doesn't live in marion co. They have a resource center that will do it for her for free. They pass them out like candy.
     

    led4thehed2

    Sharpshooter
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    68   0   0
    Oct 16, 2011
    467
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    Indianapolis
    I am not a lawyer, but I did give the updated expungement statue a CURSORY reading ca. 2014 and it is my understanding that Indiana residents may petition to have ONE crime expunged in their lifetime. It will be gone. However, I have read self reports from others that at some levels expunged felonies still showed up, and they recommended petitioning the sentencing Court to have the sentencing amended to a misdemeanor level offense instead.

    This is straight from the IN.gov website- I hope it's helpful.

    https://www.in.gov/judiciary/selfservice/2499.htm

    Of course, a good lawyer and a lot of money can be very persuasive. :@ya:
     

    nra4ever

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    Dec 19, 2011
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    Indy
    Only level 6 and d felonies can be reduced to misdemeanors. Depending on the terms of the plea a reduction is not allowed if there was a plea. From what I have read.
     

    Vigilant

    Grandmaster
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    21   0   0
    Jul 12, 2008
    11,659
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    Plainfield
    I am not a lawyer, but I did give the updated expungement statue a CURSORY reading ca. 2014 and it is my understanding that Indiana residents may petition to have ONE crime expunged in their lifetime. It will be gone. However, I have read self reports from others that at some levels expunged felonies still showed up, and they recommended petitioning the sentencing Court to have the sentencing amended to a misdemeanor level offense instead.

    This is straight from the IN.gov website- I hope it's helpful.

    https://www.in.gov/judiciary/selfservice/2499.htm

    Of course, a good lawyer and a lot of money can be very persuasive. :@ya:
    Good, because your cursory understanding sucks! You have ONE expungement, but in that expungement, you can include a multitude of past crimes. There’s more to it, but it isn’t just one crime.
     

    Vigilant

    Grandmaster
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    21   0   0
    Jul 12, 2008
    11,659
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    Plainfield
    As was stated, by a real lawyer, get a lawyer! Indiana gives a fairly liberal “second chance”, but it is in a person’s best interest to obtain legal counsel. From my brothers’ problems and experiences with it, get a lawyer that specializes in expungements.
     

    redhawk44

    Plinker
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    0   0   0
    Aug 6, 2009
    16
    1
    SW Michigan
    Redhawk44, I would take Mr. Kirk Freeman's advice. He might even be a guy you'd wanna get in touch with about this predicament.......


    I will do that and forward this information to her. I don't know the county, but she lives in Plainfield, just outside the Indianapolis beltway. Thanks to all here for your help.

    I have always liked Indiana, living close to the Mi/in border and if I could get my wife out of the house we are living in, I would be a Hoosier myself.
     

    WebSnyper

    Maximum Effort
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    56   0   0
    Jul 3, 2010
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    127.0.0.1
    I will do that and forward this information to her. I don't know the county, but she lives in Plainfield, just outside the Indianapolis beltway. Thanks to all here for your help.

    I have always liked Indiana, living close to the Mi/in border and if I could get my wife out of the house we are living in, I would be a Hoosier myself.

    Should be Hendricks County. I'm not 100% but think all of Plainfield falls within Hendricks.
     

    OurDee

    nobody
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    25   0   0
    Sep 16, 2017
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    Camby
    Just to pass out some amens. Whenever you go to court, hire a local lawyer and use the advice you pay for. Becoming a Hoosier is worth it!
     

    JettaKnight

    Я з Україною
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    6   0   0
    Oct 13, 2010
    26,517
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    Fort Wayne
    Now, my daughter, who is now 61, lives in Plainfield IN. and has a felony on her record because of drunk driving. This occurred many years ago and she has had no legal trouble since then. So, my questions to you guys is this: Does Indiana have such a process to get her gun rights restored?

    "many years ago", i.e. 30-40 years old?

    And a felony from DUI means bad things such a habitual offender.


    Without knowing anything else, I think justice is being served as-is.

    :twocents:
     
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