Expungement and Gun Rights Restoration in Indiana: What You Need to Know
For individuals with past criminal convictions, expungement in Indiana offers a fresh start—potentially restoring civil rights, including the right to own or carry a firearm. However, not all convictions qualify, and additional legal steps may be required in cases involving domestic violence or violent felony convictions.
If you are looking to clear your record and restore your gun rights, understanding Indiana’s expungement laws is crucial. As an Indiana criminal defense attorney, I help individuals navigate expungement and firearm rights restoration, ensuring that the process is handled correctly.
Can Expungement Restore Gun Rights in Indiana?
In most cases, yes—expungement can restore your right to own and carry a firearm. However, there are critical exceptions and additional legal steps that may apply.
🔹 If your conviction is expunged, you will generally be legally considered a "proper person" under Indiana law, allowing you to possess and carry a firearm.
🔹 If you have a domestic violence conviction, an additional petition is required to restore your firearm rights—even after expungement.
🔹 If your felony conviction involved a firearm or violent offense, you may not be eligible for expungement, and therefore, your gun rights cannot be restored.
Which Convictions Are NOT Eligible for Expungement?
Not all offenses can be expunged. If your conviction falls into one of the following categories, you cannot regain firearm rights through expungement:
🚨 Sex crimes – Including child exploitation, sexual battery, or rape.
🚨 Homicide-related offenses – Including murder, voluntary manslaughter, or reckless homicide.
🚨 Certain violent felonies involving firearms – If your conviction involved a gun-related offense, you may be permanently barred from gun ownership.
If your conviction does not fall under these restrictions, you may be eligible for expungement and restoration of your civil rights, including gun ownership.
How Recent Indiana Gun Laws Affect Expungement and Firearm Rights
Indiana no longer requires a license to carry a handgun. However, this does not mean convicted felons can legally possess firearms. Many clients mistakenly believe that recent gun law changes automatically restore firearm rights—they do not.
💡 Key Takeaway:
If you have a felony conviction, you cannot legally possess a firearm unless your record is expunged and your rights are explicitly restored.
Expungement must include language restoring your civil rights to ensure your ability to own a firearm legally.
Special Considerations for Domestic Violence Convictions
If your conviction involved domestic violence, you must follow a two-step process:
Step 1: Expungement
✔ Wait five years after conviction before filing for expungement.
✔ If granted, your criminal record will be cleared, but your gun rights will not automatically be restored.
Step 2: Petition for Gun Rights Restoration
✔ You must file a separate petition in domestic violence court.
✔ The court will evaluate your rehabilitation and current circumstances before restoring your gun rights.
💡 Important: Even if your domestic violence case is expunged, you must complete this second legal step to regain your firearm rights.
How Long Do You Have to Wait for Expungement?
⏳ The waiting period for expungement in Indiana depends on the type of conviction:
Misdemeanors – Eligible after five years.
Level 6 Felonies or Class D Felonies – Eligible after eight years, or five years if reduced to a misdemeanor.
Serious Felonies – Some may be expunged after eight years, but they require prosecutor approval.
Why You Need an Attorney for Expungement & Gun Rights Restoration
Expungement is not automatic, and errors in filing can delay or prevent the restoration of your firearm rights. An experienced attorney can:
✅ Review your eligibility for expungement and gun rights restoration.
✅ Ensure your petition includes proper legal language restoring your civil rights.
✅ Handle additional filings (especially in domestic violence cases).
✅ Represent you in court if needed to secure firearm rights restoration.
💡 Tip: If restoring your gun rights is your primary goal, your expungement petition must clearly state that you are seeking full restoration of your civil rights—including your status as a “proper person” under Indiana law.
Ready to Restore Your Record and Gun Rights? Call Vining Legal Today.
If you’re considering expungement in Indiana and want to ensure your gun rights are fully restored, it’s essential to handle the process correctly.
📞 Call Vining Legal at (317) 759-3225 or
🔗 Schedule a Free Consultation
Don’t let past convictions limit your future—take the first step toward clearing your record and restoring your rights today.