A Clean Slate and a Second Chance at the Second Amendment
Getting a criminal record expunged in Indiana is more than just a legal victory. For many people, it’s an opportunity to move forward with dignity and reclaim lost rights. One of the biggest motivators? The right to legally own a firearm again.
Whether it’s for self-defense, hunting, or peace of mind, restoring your right to bear arms can be life-changing. But here’s the reality: Indiana’s firearm laws are clear, and if your past includes certain convictions, expungement alone won’t be enough. Understanding how the process works can save you time, money, and disappointment.
What Does Indiana Law Say About Gun Rights After Expungement?
Under Indiana law, expungement generally restores many of a person’s civil rights. This includes the right to vote, the right to serve on a jury, and the right to hold public office, as laid out in Indiana Code § 35-38-9-10(c).
For most non-violent convictions, expungement can also restore your status as a “proper person,” which is the legal standard Indiana uses to determine who can lawfully possess a firearm. Once you’ve been declared a proper person again, you’re no longer barred under state law from owning or carrying a gun.
But that restoration isn’t automatic in every case. If your criminal history includes a conviction for domestic battery, domestic violence, or a related offense (like strangulation), the law treats you differently. Indiana Code § 35-38-9-6(f) specifically says that expunging such a conviction does not restore your right to possess a firearm. That right can only be regained through a separate court process under Indiana Code § 35-47-4-7, typically referred to as “Restoration of Firearm Rights.”
In short: Expungement can help restore your gun rights, but not if your record includes a domestic violence conviction. In those cases, Indiana law requires an extra step.
How to Restore Gun Rights If You Have a Domestic Violence Conviction
The legal path to restoring your Second Amendment rights isn’t impossible, but it’s far from automatic.
Here’s what needs to happen under Indiana law:
- Wait at least five years from the date of your conviction.
This waiting period aligns with both expungement eligibility and firearm restoration under Indiana Code § 35-47-4-7. - File a petition to restore firearm rights in the original criminal case.
This petition must comply with the standards outlined in Indiana Code § 35-47-4-7, and it’s completely separate from your expungement petition. - Attend the hearing and present evidence supporting your request.
The court will consider whether restoring your rights would be consistent with the public interest. If the judge is convinced, they can issue an order to restore your firearm rights. - Once your rights are restored, proceed with expungement.
Expungement then serves to wipe the public record of the conviction, while your previously restricted firearm rights remain intact.
The order here is crucial: Petition to restore gun rights first, then expunge the record. If you skip that first step, you very well may not be able to go back and fix it later. That door gets slammed shut the moment your domestic violence conviction is sealed by the expungement order.
Why This Matters So Much
We work with clients who’ve gone decades without their firearm rights, thinking they’d never get them back. When the expungement goes through and their rights are restored, it’s a game changer. They can hunt again. They can protect their families. They can live like the responsible citizens they’ve become.
But for anyone with a domestic-related conviction, skipping the extra legal step is a costly mistake.
If you’re looking to exercise your constitutional rights, the right way to do it is by making sure all your legal bases are covered. Don’t leave something this important to chance or Google.
Who Should Consider an Expungement?
Expungement isn’t just for people who want their gun rights back. It’s for anyone who’s tired of a past conviction holding them back. If it’s been at least five years since you were found guilty, you might be eligible. This applies to many misdemeanors and low-level felonies.
Want to know if your record qualifies? Just ask. The Marc Lopez Law Firm can walk you through your options in plain English. We don’t believe in sugar-coating things, and we’re not interested in dragging out your case. If you’ve got a path forward, we’ll find it.
Don’t Let a Technicality Keep You Disarmed
Expungement can be an incredibly powerful tool for people looking to rebuild their lives, but only if it’s done right. If your case involves any kind of domestic violence, you need a criminal defense attorney who understands how the puzzle pieces fit together.
We’ve helped hundreds of Hoosiers clear their records and reclaim their rights. If you’re wondering what your future could look like without a conviction hanging over your head, give us a call. We’ll let you know what’s possible and how we can help you get there.
Make the Right Call
At the Marc Lopez Law Firm, we help good people navigate tough legal situations. If you’re interested in restoring your firearm rights through expungement or you’re just trying to figure out where to start, call us at 317-632-3642.
And always remember, plead the 5th.