Individuals who have been deemed serious violent offenders are prohibited from possessing firearms and can be charged with a Level 4 felony if found in the possession of a firearm. The penalties associated with a Level 4 felony are serious, and it's best to have a strong understanding of your rights. If you'd like to speak with a knowledgeable Indiana defense attorney about this matter, call Mo today at (347) 889-4944 or schedule a free consultation. For more on the legal issues discussed here, see our Indiana criminal defense overview and Criminal Recklessness in Indiana guide.
__The Basics of the Indiana Serious Violent Offender Classification__
Under federal law, specifically 18 USCS § 922(g)(1), anyone who has been convicted of a crime punishable by more than one year in prison (which is any felony conviction in Indiana) is barred from possessing a firearm, regardless of the duration of their actual sentence length. Furthermore, Indiana Code 35-47-4-5 bars those classified as an Indiana serious violent offender from possessing a firearm. A person would be considered a serious violent offender if they were convicted of one or more of the following offenses:
- murder
- attempted murder
- reckless homicide not committed by means of a vehicle
- battery as a Level 2 felony, Level 3 felony, Level 4 felony, or Level 5 felony
- domestic battery as a Level 2 felony, Level 3 felony, Level 4 felony, or Level 5 felony
- aggravated battery
- kidnapping
- voluntary manslaughter
- strangulation
- criminal confinement
- rape
- criminal deviate conduct (before its repeal)
- child molesting
- sexual battery as a Level 5 felony
- robbery
- carjacking (before its repeal)
- arson as a Level 2 felony, Level 3 felony, or Level 4 felony
- burglary as a Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony
- assisting a criminal as a Level 5 felony
- resisting law enforcement as a Level 2 felony, Level 3 felony, or Level 5 felony
- escape as a Level 4 felony or Level 5 felony
- trafficking with an inmate as a Level 5 felony
- human trafficking
- criminal organization intimidation
- stalking as a Level 4 felony or Level 5 felony
- incest
- dealing in or manufacturing cocaine or a narcotic drug
- dealing in methamphetamine or manufacturing methamphetamine
- dealing in a schedule I, II, or III controlled substance
- dealing in a schedule IV controlled substance
- dealing in a schedule V controlled substance
- dealing in a controlled substance resulting in death
__Potential Penalties for Indiana Serious Violent Offenders__
If a person who is classified as an Indiana serious violent offender is found in possession of a gun, they could be charged with a Level 4 felony. Under the Indiana sentencing guidelines, this charge carries a potential penalty of up to 12 years in prison and fines of up to $12,000. Furthermore, the person would risk being charged with a federal crime under The Gun Control Act (GCA).
__Expungement for Serious Violent Offenders__
Many individuals who are classified in Indiana as serious violent offenders are NOT eligible for expungement. However, there are a variety of serious violent offenses that may be eligible for Indiana expungement, including arson, non-domestic battery, burglary, assisting a criminal, resisting law enforcement, escape, trafficking with an inmate, criminal organization intimidation, and offenses related to drug dealing in Indiana. If an offender's conviction is eligible for expungement, they may petition the court to expunge their criminal record and regain their right to possess a firearm if they meet the following criteria:
Level 6 Felony Expungement:
- 8+ years have passed since the conviction
- No new criminal convictions during that time
- No current pending criminal charges
- Successful payment of all fines, fees, court costs, restitution orders, and expungement filing fee
Level 5 Felony Expungement:
- 8+ years have passed since the conviction OR 3+ years since the completion of the sentence, whichever is later
- No new criminal convictions during that time
- No current pending criminal charges
- Successful payment of all fines, fees, court costs, restitution orders, and expungement filing fee
Serious Felony Expungement:
- 10+ years have passed since the conviction OR 5+ years since the completion of the sentence, whichever is later
- No new convictions during that time
- No criminal charges currently pending
- Successful payment of all fines, fees, court costs, restitution orders, and expungement filing fee
- The prosecutor consents to expungement
It's vital to understand that expunging felonies is no slam dunk, especially for those considered a serious violent offender. However, a skilled felony expungement lawyer will understand everything that needs to be done to put you in the best position possible to have your records sealed.
__Questions About Serious Violent Offenders Law in Indiana?__
If you have any questions about who will be classified in Indiana as a serious violent offender, feel free to contact Mo AlMahareeq. Mo has extensive experience litigating criminal cases and a thorough understanding of Indiana criminal law. To speak with Mo today, call (347) 889-4944 or schedule a free consultation.
Written by
Moawia K. AlMahareeq