Can You Expunge a Domestic Violence Conviction in Indiana? Eligibility & Waiting Periods (2026 Guide)

A domestic violence conviction can follow you for years. It shows up on background checks when you apply for jobs. It complicates housing applications. It affects custody proceedings. And it triggers a federal firearms ban that lasts a lifetime.

So the question many clients ask is this: Can a domestic violence conviction be expunged in Indiana?

The short answer is: sometimes. It depends on the level of the offense, the facts of your case, and whether you meet Indiana's strict eligibility requirements. Understanding these rules requires careful legal analysis—and if firearm rights matter to you, the process becomes even more complex.

This guide explains when domestic violence convictions can be expunged under Indiana law, what happens after expungement, and why firearm rights require a separate legal strategy.

What Counts as a "Domestic Violence" Conviction in Indiana?

Domestic Battery Under Indiana Code 35-42-2-1.3

Most domestic violence cases in Indiana are charged as domestic battery under Indiana Code § 35-42-2-1.3. This statute makes it a crime to knowingly or intentionally touch a family or household member in a rude, insolent, or angry manner—or to place bodily fluid or waste on them.

Base offense: Class A misdemeanor

Felony enhancements apply when:

• You have a prior unrelated battery or strangulation conviction

• The offense occurs in the presence of a child under 16

• It results in moderate bodily injury

• The victim is under 14 and you are at least 18

• The victim has a mental or physical disability and you have care of them

• The victim is an endangered adult

• A protection order or no contact order was in effect

Higher-level felonies apply when the offense involves serious bodily injury, a deadly weapon, a pregnant victim (if you knew of the pregnancy), or a prior conviction against the same victim.

Related Offenses

Other charges may also be considered "crimes of domestic violence" depending on the circumstances:

• Battery with a domestic relationship element

• Strangulation under Indiana Code § 35-42-2-9

• Invasion of privacy (protective order violations)

• Intimidation with a domestic relationship

Each offense carries its own penalties and expungement rules.

Is Domestic Violence Eligible for Expungement in Indiana?

Indiana's expungement statute is found in Indiana Code § 35-38-9. Whether your domestic violence conviction qualifies depends on what you were convicted of and how much time has passed.

Arrests Without Conviction

If you were arrested for domestic battery but the case was dismissed, you are generally eligible for expungement under Indiana Code § 35-38-9-1.

Waiting period: One year after the date of arrest (or the date the conviction was vacated on appeal)

Requirements:

• No conviction or adjudication resulted from the arrest

• You are not currently in a pretrial diversion program

• No criminal charges are pending

The court must grant the petition if these conditions are met. Once granted, the arrest records are sealed and removed from public databases.

Misdemeanor Domestic Battery

A Class A misdemeanor domestic battery conviction may be expunged under Indiana Code § 35-38-9-2.

Waiting period: Five years after the date of conviction (unless the prosecutor consents to a shorter period)

Requirements:

• No charges are currently pending

• All fines, fees, court costs, and restitution have been paid

• You have not been convicted of a crime within the previous five years

• You do not have two or more prior felony convictions involving the unlawful use of a deadly weapon (unless part of the same episode)

The court must grant the petition if you meet these requirements. Once expunged, the records are permanently sealed and not accessible to the public.

Felony Domestic Violence Offenses

Felony domestic battery convictions face stricter rules. The category you fall into depends on the level of the felony and the facts of the case.

Level 6 Felonies Without Bodily Injury (Indiana Code § 35-38-9-3)

Waiting period: Eight years after the date of conviction

Excluded offenses:

• Sex or violent offenders (as defined in Indiana Code § 11-8-8-5)

• Convictions that resulted in bodily injury to another person

• Homicide offenses (Indiana Code § 35-42-1)

• Human and sexual trafficking offenses (Indiana Code § 35-42-3.5)

• Sex crimes (Indiana Code § 35-42-4)

• Perjury or official misconduct

• Two or more felony offenses involving the unlawful use of a deadly weapon (unless part of the same episode)

If eligible, the court must grant the petition if all requirements are met. Records are permanently sealed.

Felonies Without Serious Bodily Injury (Indiana Code § 35-38-9-4)

This category applies to felonies that do not qualify under § 35-38-9-3—typically those involving moderate bodily injury or other aggravating factors.

Waiting period: The later of eight years from the date of conviction or three years from completion of your sentence

Excluded offenses:

• Sex or violent offenders

• Convictions resulting in serious bodily injury

• Homicide, trafficking, or sex crime offenses

• Official misconduct

• Two or more felony offenses involving the unlawful use of a deadly weapon (unless part of the same episode)

Unlike Categories 2 and 3, the court has discretion to deny the petition even if you meet all requirements. If granted, records are marked as expunged but remain public. They are clearly labeled as expunged in the criminal history database.

Remaining Eligible Felonies (Indiana Code § 35-38-9-5)

The most serious eligible offenses fall under this category, including felonies involving serious bodily injury (but not death).

Waiting period: The later of ten years from the date of conviction or five years from completion of your sentence

Requirements:

• You must obtain written consent from the prosecuting attorney

• The same exclusions apply as in Category 4

The court has discretion to deny the petition. If granted, records are marked as expunged but remain public.

When Domestic Violence Cannot Be Expunged

Certain convictions are permanently ineligible for expungement:

• Sex or violent offenders as defined in Indiana Code § 11-8-8-5

• Convictions resulting in the death of another person

• Homicide offenses under Indiana Code § 35-42-1

• Human and sexual trafficking offenses under Indiana Code § 35-42-3.5

• Sex crimes under Indiana Code § 35-42-4

• Official misconduct (for public officials convicted while serving or as candidates)

• Two or more felony convictions involving the unlawful use of a deadly weapon (unless part of the same episode of criminal conduct)

If your domestic violence conviction falls into any of these categories, expungement is not available under Indiana law.

What Happens After a Domestic Violence Expungement?

Record Sealing

For misdemeanors and Level 6 felonies without bodily injury (Categories 2 and 3), expungement results in permanent sealing of court records. This means:

• Employers generally cannot see the expunged conviction

• You can legally answer "no" when asked if you have been convicted of a crime (except in limited circumstances)

• Records are not accessible to the public

• Information is removed from state criminal history databases

However, certain entities retain limited access:

• Prosecuting attorneys (with court order, for new prosecutions)

• Defense attorneys (with court order, for professional duties)

• Probation departments (with court order, for presentence reports)

• The FBI and Department of Homeland Security (for information-sharing agreements)

• The Supreme Court and Board of Law Examiners (for bar admission character assessments)

Limitations

Even after expungement:

• Law enforcement retains internal records

• If you are subsequently arrested or convicted, the expunged conviction may be used for sentencing, habitual offender enhancements, or admitted as evidence

• Expungement does not restore your right to possess a firearm

Important: Expungement Does NOT Automatically Restore Firearm Rights

This is critical: Indiana law explicitly states that expungement of a crime of domestic violence does not restore your right to possess a firearm (Indiana Code § 35-38-9-6(f)).

Federal Firearm Ban for Domestic Violence Convictions

Under federal law, any person convicted of a misdemeanor crime of domestic violence is prohibited from possessing firearms or ammunition under 18 U.S.C. § 922(g)(9).

Definition of "misdemeanor crime of domestic violence" (18 U.S.C. § 921(a)(33)):

• A misdemeanor under federal, state, tribal, or local law

• That has, as an element, the use or attempted use of physical force or the threatened use of a deadly weapon

• Committed by a current or former spouse, parent, guardian, person sharing a child in common, person cohabiting or who has cohabited as a spouse/parent/guardian, or person in a current or recent dating relationship

Exception: A conviction does not count if it has been expunged, set aside, or pardoned, or if civil rights have been restored—unless the expungement, pardon, or restoration expressly provides that the person may not possess firearms.

Because Indiana expungement of domestic violence convictions does not restore firearm rights, the federal ban remains in effect even after expungement.

Indiana Firearm Restrictions

Indiana law under Indiana Code § 35-47-4-7 reinforces this rule: A person convicted of a crime of domestic violence may not possess a firearm, even after expungement.

Petition for Firearm Rights Restoration

If you want to restore your right to possess firearms after a domestic violence conviction, you must file a separate petition under Indiana Code § 35-47-4-7.

Separate Legal Process

Waiting period: Not earlier than five years after the date of conviction

Court factors considered:

1. Whether you have been subject to a protective order, no contact order, workplace violence restraining order, or any other court order prohibiting firearm possession

2. Whether you successfully completed a substance abuse program (if applicable)

3. Whether you successfully completed a parenting class (if applicable)

4. Whether you still present a threat to the victim

5. Any other reason why you should not possess a firearm, including failure to satisfy specified conditions or commission of a subsequent offense

The court may condition the restoration on your satisfaction of specified requirements (e.g., ongoing counseling, no contact with the victim).

If denied: You may not file another petition for at least one year.

Strategy Considerations

Deciding whether to pursue expungement first, firearm restoration first, or both requires careful legal analysis:

• Expungement may help your employment and housing prospects, but it will not restore firearm rights

• Firearm restoration is discretionary and fact-intensive

• A failed firearm restoration petition may provide evidence the court can use to deny expungement (or vice versa)

• Coordinating both petitions requires strategic timing and presentation

Common Questions Clients Ask

"If my case was dismissed, can I still expunge it?"

Yes. If your domestic battery case was dismissed or you were acquitted, you can petition to expunge the arrest record after one year. The court must grant the petition if you meet the requirements.

"Will expungement help with custody?"

Expungement can help by sealing the record so it does not appear on standard background checks. However, family courts may still consider the underlying facts in custody proceedings, especially if the case involved the child or other parent.

"Can I hunt again after expungement?"

Not automatically. Even after expungement, you remain prohibited from possessing firearms under both Indiana and federal law. You must file a separate petition for firearm rights restoration under Indiana Code § 35-47-4-7 and satisfy the court that restoration is appropriate.

"What if the prosecutor objects?"

For misdemeanor and Level 6 felony convictions without bodily injury, the court must grant the petition if you meet the statutory requirements, even if the prosecutor objects. For higher-level felonies, the court has discretion to deny the petition, and prosecutor objections carry more weight.

Practical Strategy Before Filing

Before filing an expungement petition involving domestic violence:

1. Confirm eligibility under Indiana Code § 35-38-9

2. Review your entire criminal history to ensure you qualify (one-time lifetime petition rule applies)

3. Analyze firearm implications separately if gun rights matter to you

4. Prepare for possible prosecutor objection, especially in felony cases

5. Gather supporting evidence of rehabilitation, completion of programs, and compliance with court orders

Filing the wrong petition at the wrong time can permanently bar you from future relief.

When Should You Speak with an Indiana Expungement Lawyer?

You should consult an Indiana expungement lawyer before filing anything. Here's why:

• Indiana's expungement statute allows only one petition for conviction expungement during your lifetime (with limited exceptions for denied petitions)

• Filing the wrong petition, or filing too early, can waste your one opportunity

• If firearm rights are important to you, coordinating expungement and firearm restoration petitions requires careful legal strategy

• If you have multiple cases across different counties, they must be consolidated properly or filed separately with precise timing

• If a prior petition was denied, strict rules apply to refiling

An experienced Indiana expungement lawyer can analyze your case, confirm eligibility, identify potential obstacles, and prepare a persuasive petition that maximizes your chances of success.

Call or text (317) 759-3225 or schedule an appointment below to discuss your domestic violence expungement case and explore your options for record relief and firearm rights restoration.