Can You Own a Gun After an Expungement in Indiana?
Under Indiana law, an expungement often restores the right to own a gun. When a conviction is expunged, Indiana law says the person's civil rights are fully restored, including the right to be a "proper person" under Indiana's firearm laws, and the person is treated as if never convicted of that offense (IC 35-38-9-10). There are important exceptions. Expungement does not restore firearm rights after a conviction for a crime of domestic violence. Federal background checks have also caused problems for some people with expunged convictions, so it is wise to confirm your status before buying or possessing a firearm.
Key points
Indiana law restores civil rights, including "proper person" status for firearm purposes, when a conviction is expunged.
Expungement does not restore firearm rights after a crime of domestic violence. A separate court petition is required.
Federal law generally does not count an expunged conviction, unless the expungement expressly limits firearm rights.
Some people with expunged serious violent felony convictions have reportedly been denied at federal background checks, and Indiana appeals courts have not resolved the issue.
What Indiana law says about expungement and firearms
Indiana's expungement law states that the civil rights of a person whose conviction has been expunged are fully restored. Those rights include the right to vote, to hold public office, to serve as a juror, and to be a "proper person" under IC 35-47-1-7(2), the definition Indiana uses for firearm licensing. The law also says a person whose record is expunged must be treated as if the person had never been convicted of the offense (IC 35-38-9-10).
A "proper person" generally cannot have a conviction for a crime punishable by more than one year in prison. Restoring "proper person" status after expungement is how Indiana law restores firearm rights for many people with expunged felony convictions.
Not every conviction can be expunged. Our article on crimes that are not eligible for expungement in Indiana covers the main exclusions.
Domestic violence convictions are different
Expungement alone does not restore the right to possess a firearm after a conviction for a crime of domestic violence.
The expungement statute says that expunging a crime of domestic violence under the misdemeanor expungement section does not restore the right to possess a firearm (IC 35-38-9-6).
A separate statute says a person convicted of a crime of domestic violence may not possess a firearm, and that rule applies regardless of the expungement laws (IC 35-47-4-7).
A person may petition the court to restore firearm rights, but not earlier than five years after the date of conviction. The court considers factors such as whether the person is subject to a protective order, no-contact order, or similar order; has completed any required substance abuse program or parenting class; still poses a threat to the victim; or has committed a subsequent offense (IC 35-47-4-7). Federal law separately prohibits firearm possession by people convicted of a misdemeanor crime of domestic violence (18 U.S.C. 922(g)(9)).
Serious violent felony convictions
Indiana prohibits a "serious violent felon" from possessing a firearm, and doing so is a Level 4 felony (IC 35-47-4-5). Many offenses on the serious violent felony list are not eligible for expungement, such as homicide offenses, sex offenses, and felonies that resulted in death. A felony that caused serious bodily injury can be expunged only with the prosecutor's written consent. Since July 1, 2025, a conviction for unlawful possession of a firearm by a serious violent felon cannot be expunged.
When a serious violent felony conviction is expunged, the Indiana Attorney General has issued an official opinion concluding that firearm rights are restored. That opinion is not binding on courts. News reports have described the FBI denying firearm purchases in these situations, and no Indiana appellate court has resolved the issue. Anyone in this situation should get legal advice before trying to buy or possess a firearm.
How federal law treats an Indiana expungement
Federal law generally prohibits firearm possession by a person convicted of a crime punishable by more than one year in prison (18 U.S.C. 922(g)(1)). However, federal law does not count a conviction that has been expunged or set aside, or for which civil rights have been restored, "unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms" (18 U.S.C. 921(a)(20)).
Because Indiana's expungement law restores civil rights and does not generally limit firearm rights, the Indiana Attorney General has issued an official opinion concluding that an Indiana expungement also restores firearm rights under federal law. That opinion is not binding on federal agencies or courts. The domestic violence rules discussed above are a clear exception, and federal reviewers have not always agreed in specific cases, which is why the background-check process matters.
If a background check is denied or delayed
An expungement order does not always mean every database has been updated. If a firearm purchase is denied through the federal background check system, the person may request the reason for the denial in writing and may challenge it (28 C.F.R. 25.10). The FBI also offers a Voluntary Appeal File that may help reduce future denials or delays, although it does not guarantee approval. A delayed transaction, as opposed to a denial, cannot be challenged through the same process.
It helps to keep a certified copy of your expungement order and to know the cause number and court that issued it.
Carrying a handgun after expungement
Since July 1, 2022, most adults in Indiana may carry a handgun without a license. The law still prohibits certain people from carrying, including people convicted of a crime punishable by more than one year, people convicted of a crime of domestic violence or domestic battery whose rights have not been restored by a court, people convicted of criminal stalking, people under felony indictment, and people subject to certain protective orders (IC 35-47-2-1.5). The statute does not expressly address expunged convictions, so the expungement law's rule that a person is treated as never convicted is what supports carrying after an expungement. Indiana still issues handgun licenses, which can be useful when carrying in other states and can provide a state review of eligibility.
What about arrests that did not lead to a conviction?
An arrest or charge that did not result in a conviction does not by itself take away firearm rights. Pending charges are different: a person under indictment for a felony may not carry a handgun in Indiana. Indiana law allows records of arrests and charges that did not result in a conviction to be expunged, which can help prevent confusion in later background checks.
Steps to take before buying or carrying a firearm
Get a certified copy of your expungement order and keep it with your records.
Confirm whether any conviction involved domestic violence. If so, expungement alone does not restore firearm rights.
Check for other disqualifications, such as a protective order or pending charges.
Consider applying for an Indiana handgun license if you are unsure of your status.
Talk with a lawyer before buying or possessing a firearm if you have any doubt.
If you are still deciding whether to seek an expungement, our articles on Indiana's one-time expungement rule and early expungement with prosecutor consent explain timing.
Frequently asked questions
Does expungement restore gun rights in Indiana?
In most cases, yes. Indiana law restores civil rights, including "proper person" status for firearm purposes, when a conviction is expunged. The main exception is a conviction for a crime of domestic violence.
Can I get my gun rights back after a domestic battery conviction in Indiana?
Not through expungement alone. You may petition the court to restore firearm rights no earlier than five years after the conviction, and the court will consider several factors. A pardon may also restore the right.
Will an expunged felony show up on a gun background check?
It depends on the type of expungement. Some expunged records are sealed, while others remain visible but are marked as expunged. Records are also not always updated, and federal reviewers have sometimes denied purchases involving expunged convictions. If you are denied, you can request the reason and file a challenge.
Can I carry a handgun without a license after expungement?
Possibly. The permitless carry statute does not expressly mention expungement. The argument that an expunged conviction no longer counts rests on the expungement law's rule that you are treated as if never convicted. Because the consequences of a mistake are serious, confirm your status first, for example by applying for a handgun license or speaking with a lawyer.
Questions about expungement and firearm rights?
If you want to know whether an expungement could restore your rights, or you were denied after an expungement, you can schedule a consultation with Brinkley Law or learn more about our expungement services.
Brinkley Law, 8888 Keystone Crossing, Suite 1300, Indianapolis, Indiana 46240.
This article provides general information about Indiana law and is not legal advice. Reading it or contacting Brinkley Law does not create an attorney-client relationship. The application of the law depends on the facts of each matter.
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