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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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