Kirk Freeman
Grandmaster
Ummm, no, not always, it depends. Doesn't it always?
There are several ways to vacate a conviction:
1. Direct appeal
2. Post conviction relief petition
3. Pardon
4. Apply for restoration of his rights under Indiana Code 35-47-4-7 (restoration of right to possess firearms).
I have used all to set aside convictions (a couple of the pardons on my website) or restore an individual's right to possess firearms.
Here's 35-47-4-7:
IC 35-47-4-7
Persons prohibited from possessing a firearm; restoration of right to possess a firearm
Sec. 7. (a) Notwithstanding IC 35-47-2, IC 35-47-2.5, the restoration of the right to serve on a jury under IC 33-28-5-18, or the restoration of the right to vote under IC 3-7-13-5, and except as provided in subsections (b), (c), and (f), a person who has been convicted of a crime of domestic violence may not possess a firearm after the person's release from imprisonment or lawful detention.
(b) Not earlier than five (5) years after the date of conviction, a person who has been convicted of a crime of domestic violence may petition the court for restoration of the person's right to possess a firearm. In determining whether to restore the person's right to possess a firearm, the court shall consider the following factors:
(1) Whether the person has been subject to:
(A) a protective order;
(B) a no contact order;
(C) a workplace violence restraining order; or
(D) any other court order that prohibits the person from possessing a firearm.
(2) Whether the person has successfully completed a substance abuse program, if applicable.
(3) Whether the person has successfully completed a parenting class, if applicable.
(4) Whether the person still presents a threat to the victim of the crime.
(5) Whether there is any other reason why the person should not possess a firearm, including whether the person failed to satisfy a specified condition under subsection (c) or whether the person has committed a subsequent offense.
(c) The court may condition the restoration of a person's right to possess a firearm upon the person's satisfaction of specified conditions.
(d) If the court denies a petition for restoration of the right to possess a firearm, the person may not file a second or subsequent petition until one (1) year has elapsed after the filing of the most recent petition.
(e) A person has not been convicted of a crime of domestic violence for purposes of subsection (a) if the conviction has been expunged or if the person has been pardoned.
(f) The right to possess a firearm shall be restored to a person whose conviction is reversed on appeal or on postconviction review at the earlier of the following:
(1) At the time the prosecuting attorney states on the record that the charges that gave rise to the conviction will not be refiled.
(2) Ninety (90) days after the final disposition of the appeal or the postconviction proceeding.
It is within your best interests to contact an attorney.
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