Friend denied gun after felony expunged

[vxtip]

I got mixed results searching google about this, also looked around IC codes 35-50 for sentencing. A buddy of mine got a DUI and got convicted for it as a felony, he has since served his probation and tells me his records were expunged. He says someone from the court told him once it was expunged he could own guns again but his application for LTCH was revoked and when he tried to purchase a gun at a gunshop he was denied. From what I looked up it seems like he either needs the crime pardoned, or ive read of a waiting period for the expungement to take place, cant verify that though. Can someone clarify this so that I can let him know what he needs to do or just give him the bad news that he cant own a gun ever again? Thanks.

 

[GARANDGUY]

He needs to get paperwork from the court saying it has been expunged and send it to the FBI NICS operation center and to ISP where he gets his LTCH. Sometimes it takes a long while to get reinstated if you wait on them to do it. This way it would be alot quicker. Go back to where he got denied and ask for the NTN or NICS transaction number and the number for the NICS call center and also request a VAF packet. Other than that I dont know what to tell you. We have done it a few times for people who got a denial.

 

[vxtip]

Thank you ill let him know this.

 

[Fargo]

If he was convicted there is no way it got "expunged", it is legally impossible. Most likely he got alternative misdemeanor sentencing where the judgement was entered as a misdemeanor rather than a felony at the end of probation.

Best,

Joe

 

[parsimonious]

I was just reading the indiana constitution the other day.
I kinda remember something about waiting 15 years, then petitioning
the governor.

the previous poster seemed to know something that I don't know anything
about.

I may be under-informed.

hope this helps at least point you in the right direction

 

[Kirk Freeman]

If he was convicted there is no way it got "expunged", it is legally impossible.

Weeelllll, not impossible, unlikely perhaps but a pardon or PCR might have happened.

ive read of a waiting period for the expungement to take place

Waiting period? You mean like in Southern states? In some Southern states, I say, I say, one may petition to expunge a crime after a certain time off probation, 1 year, 5 years, inter alia.

There are several routes to expungement in Indiana:

1. Vacation of the conviction by the Indiana Supreme Court or Court of Appeals.

2. Pardon.

3. Post Conviction Relief Petition.

4. Finding by the Trial Court that there was no probable cause to file the case to begin with (mistaken identity, prevailing in motions to suppress, etc.).

Your friend needs to sit down with an attorney to evaluate his situation and what can be done about it.

 

[vxtip]

"If he was convicted there is no way it got "expunged", it is legally impossible. Most likely he got alternative misdemeanor sentencing where the judgement was entered as a misdemeanor rather than a felony at the end of probation."

I just checked with him and this is what he did. Again thanks for the replies

 

[Fargo]

Weeelllll, not impossible, unlikely perhaps but a pardon or PCR might have happened.

Touche! I suppose I should have said "is convicted."

Best,

Joe

 

[Ronald]

"If he was convicted there is no way it got "expunged", it is legally impossible. Most likely he got alternative misdemeanor sentencing where the judgement was entered as a misdemeanor rather than a felony at the end of probation."

I just checked with him and this is what he did. Again thanks for the replies

So if he was convicted for the misdemeanor and not the felony I wonder why he was denied?

 

[Kirk Freeman]

So if he was convicted for the misdemeanor and not the felony I wonder why he was denied?

Could be almost anything. In a fit of wild speculation, it could be:

1. state police report the arrest but not the disposition so all feds have is felony arrest.

2. state police report original conviction but not the later in time modification of the Class D felony to the Class A misdemeanor.

3. Mistaken identity.

4. There is a warrant out for a probation violation.

5. It is rhino's fault.

6. NICS does not know about the sentence modification to misdemeanor (this happens a lot).

7. There is a concurrent arrest/conviction for marijuana which is causing the denial.

Could be many things. Another reason to consult with an attorney.