Does an Expungement Restore Your Right to Own a Firearm in Indiana?
For many Hoosiers with past felony convictions, one of the most pressing questions is whether clearing their record through expungement also restores their Second Amendment rights. The Indiana Attorney General addressed this exact issue in an official opinion, clarifying how state and federal law interact when it comes to firearm rights after expungement.
This post breaks down what the opinion means, how Indiana law treats expungement and gun ownership, and what you should know if you’re considering clearing your record.
Understanding Expungement in Indiana
Indiana law allows certain people with past criminal convictions to petition for expungement under Indiana Code § 35-38-9. Expungement doesn’t erase your conviction entirely, but it does restore many of your civil rights, including:
The right to vote
The right to hold public office
The right to serve on a jury
The right to be considered a “proper person” to qualify for a handgun license
Before expungement, a felony conviction makes it unlawful to possess or carry a handgun, and it prevents you from being issued a handgun license. Expungement changes that status.
Firearm Rights Under Indiana Law After Expungement
The Attorney General’s opinion explains that once a felony conviction is expunged:
You are no longer barred from being a “proper person” under Indiana Code § 35-47-1-7(2).
The prior prohibition on issuing handgun licenses to felons no longer applies.
Expungement restores you to the legal status needed to apply for and obtain a handgun license, provided you meet other standard qualifications.
One exception: a person convicted of domestic violence must pursue a separate legal process to restore firearm rights, even if they receive an expungement.
Federal Law and Expungement
The 1968 Gun Control Act (18 U.S.C. §§ 921–922) generally prohibits anyone with a felony conviction from owning or possessing a firearm. But federal law recognizes an important exception: if a person’s civil rights are fully restored under state law, and no firearm restriction remains, that conviction no longer counts as a disqualifying offense.
The Attorney General confirmed that Indiana’s expungement statute meets this requirement because it fully restores the core civil rights (vote, office, jury service) and removes firearm restrictions. This means:
Once your conviction is expunged in Indiana, you are also eligible under federal law to purchase and possess firearms.
Federal authorities, including the ATF, agree with this interpretation.
Why This Matters for Indiana Residents
The opinion makes it clear: expungement in Indiana doesn’t just give you a fresh start on paper—it restores rights that many people thought were permanently lost. For individuals who want to legally own or carry a firearm again, expungement may provide the path forward.
But keep in mind:
Not all felonies are eligible for expungement.
Certain crimes, like domestic violence or serious violent felonies, may require additional steps or may not qualify.
Even with expungement, you must still meet all other requirements to obtain a handgun license.
Next Steps if You’re Considering Expungement
If you have a past felony conviction and are interested in regaining your rights—including firearm rights—your first step should be to consult with an experienced Indiana expungement attorney. An attorney can:
Review your criminal history to determine eligibility.
File the necessary petitions with the court.
Address any objections from prosecutors or law enforcement.
Ensure your expungement fully restores your rights under both state and federal law.
Conclusion
The Indiana Attorney General’s opinion confirms what many have hoped: expungement restores your firearm rights under both Indiana and federal law. This legal pathway offers a meaningful second chance, allowing those who have moved past their convictions to reclaim not just their civil rights but also their right to self-defense.
At Vining Legal, we’ve helped countless clients clear their records and restore their rights. If you want to explore whether you qualify for expungement in Indiana, call or text us today at (317) 759-3225 or schedule a consultation online.
Don’t let an old conviction continue to define your future—let’s take the next step together.
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