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2024 Op. Ind. Att'y Gen. 1 (2024)

handle is hein.sag/sagin0146 and id is 1 raw text is: OFFIcE OF THE ATTORNEY GENERAL               302 W WNASHINGTON ST. IGCS 5TH FLOOR
SATE OF INDIANA                  INDIANAPOLIS, IN 46204-2770
TODD ROKITA
ATTORNEY GENERAL
February 2, 2024
OFFICIAL OPINION 2024-1
Lieutenant Neal Foreman
Legal Counsel, Indiana State Police
100 North Senate Ave., IGC-N
Indianapolis, IN 46204
RE: Supplement to Official Opinion 2019-6
Dear Lt. Foreman:
The Office of the Attorney General (OAG) received your request for an official opinion on
whether an expungement under the Indiana Code restores the civil rights of individuals convicted
of certain felonies, including the right to purchase or possess a firearm. Please note, the OAG
previously issued Official Opinion 2019-6 concerning the restoration of firearm rights under
Indiana's expunction statutes. This opinion updates and supplements Official Opinion 2019-6, and
is put forth due to the misapplication of Indiana law by the Federal Bureau of Investigation (FBI)
and is meant to clarify the firearm rights of an individual convicted as a serious violent felon under
Ind. Code § 35-47-4-5, who subsequently has that crime expunged.
QUESTION
Does an expungement restore a felon's firearm rights when convicted of a serious violent
felony under Ind. Code § 35-47-4-5?
BRIEF ANSWER
Yes, because an expungement restores civil rights with no firearm restrictions. Although
Indiana's expungement process is inapplicable to certain felonies, Ind. Code § 35-38-9-10(c)
provides that an expungement fully restores a person's civil rights, including the rights to vote,
hold public office, serve as a juror, and be a proper person under Indiana law to purchase or
possess a firearm. If the legislature intended to create a similar prohibition for serious violent
felonies, it could have done so, and the absence of such an exception indicates a legislative intent
to restore the civil rights of these individuals.
TELEPHONE: 866.462.5246
www.in.gov/attorneygeneral/

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