When I looked at the changes to Indiana's Second chance law(IC 35-38-9), after July of 2015. I found this change :
(c) Except as provided in section 6(f) of this chapter, the civil rights of a person whose conviction has been expunged shall be fully
restored, including the right to vote, to hold public office, to be a proper person under IC 35-47-1-7(2), and to serve as a juror.
Under Federal 18 U.S. Code § 921 it states:
(ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
Indiana State Police are claiming the DOJ does not recognize Indiana's expungement because it is NOT a true expungement and the records are simply sealed. But the federal code states OR had civil rights restored, not AND it says OR.
Under Indiana 35-38-9 someone who is granted what Indiana is calling an expungement is GRANTED the restoration of their civil rights under the law. Shouldn't that satisfy federal law?
Any Comments?
(c) Except as provided in section 6(f) of this chapter, the civil rights of a person whose conviction has been expunged shall be fully
restored, including the right to vote, to hold public office, to be a proper person under IC 35-47-1-7(2), and to serve as a juror.
Under Federal 18 U.S. Code § 921 it states:
(ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
Indiana State Police are claiming the DOJ does not recognize Indiana's expungement because it is NOT a true expungement and the records are simply sealed. But the federal code states OR had civil rights restored, not AND it says OR.
Under Indiana 35-38-9 someone who is granted what Indiana is calling an expungement is GRANTED the restoration of their civil rights under the law. Shouldn't that satisfy federal law?
Any Comments?
