Can a felon own a gun in Indiana?

Indiana prohibits possession of handguns by anyone convicted of a felony (long guns have fewer restrictions under state law for some offenses). Firearm rights may be restored through expungement under Indiana Code 35-38-9 or through a gubernatorial pardon. Expungement is the most common path.

How can a felon restore gun rights in Indiana?

Petition the court for expungement under IC 35-38-9, or apply for a gubernatorial pardon.

What is the waiting period for gun rights restoration in Indiana?

Expungement eligibility: 5 years after sentence completion for most felonies. 8 years for serious violent felonies. 10 years for certain sex offenses.

Are there exceptions to gun rights restoration in Indiana?

Some offenses (murder, treason, sex offenses involving minors) are not eligible for expungement. A gubernatorial pardon is the only option for these.

Can a felon own a gun in Indiana?

Not while the felony conviction remains on your record. Indiana prohibits firearm possession by felons, particularly handguns. However, Indiana offers one of the most accessible expungement processes in the country. Once your felony is expunged under IC 35-38-9, your civil rights — including firearm rights — are fully restored under both state and federal law.

How does Indiana expungement restore gun rights?

Indiana Code 35-38-9-10(c) explicitly states that expungement restores a person's civil rights, including the right to vote, hold public office, serve as a juror, and be a 'proper person' to possess a firearm. The ATF recognizes this as a full restoration of civil rights that lifts the federal firearms prohibition under 18 USC 922(g)(1).

How long does the expungement process take in Indiana?

After filing the petition, the court typically schedules a hearing within 30-60 days. The prosecutor has 30 days to respond. If granted, the expungement order takes effect immediately, but it may take several weeks to months for state and federal databases (including NICS) to be updated. The total process from filing to database update is typically 2-6 months.

Is Indiana a constitutional carry state? Do I need a permit after expungement?

Yes, Indiana became a constitutional carry state on July 1, 2022. No license is required to carry a handgun for lawful purposes if you are not otherwise prohibited from possessing a firearm. Once your expungement restores your 'proper person' status, you may carry a handgun without obtaining a permit.

What felonies cannot be expunged in Indiana?

The following are ineligible for expungement: murder, voluntary manslaughter, involuntary manslaughter, and other homicide offenses; sex or violent offender offenses as defined by IC 11-8-8-5; official misconduct (IC 35-44.1-1-1); two or more unrelated offenses involving a deadly weapon; and certain human trafficking offenses. For these, only a gubernatorial pardon can restore gun rights.

Does a gubernatorial pardon restore gun rights in Indiana?

Yes. A pardon from the Indiana Governor restores civil rights, including firearm rights, under both state and federal law (provided the pardon does not expressly exclude firearms). Pardons are rare in Indiana and are typically reserved for cases where the person has demonstrated exceptional rehabilitation over many years.

Can I possess a long gun (rifle or shotgun) as a felon in Indiana?

Indiana's primary felon firearm prohibition focuses on handguns, and some Indiana attorneys argue that long gun possession may not be directly prohibited under state law for certain non-violent felonies. However, the federal prohibition under 18 USC 922(g)(1) applies to ALL firearms — including long guns. Possessing any firearm while federally prohibited is a serious federal crime. Do not possess any firearm until your rights are fully restored.

What is the federal 18 USC 925(c) process, and does it apply in Indiana?

The revived federal 18 USC 925(c) process allows any federally prohibited person to petition the DOJ directly for relief from federal firearms disabilities. This is particularly useful for Indiana residents with federal convictions (which cannot be expunged through Indiana courts) or for offenses ineligible for Indiana expungement. Applications are processed by the Office of the Pardon Attorney.

What happens if I fail the NICS background check after expungement?

Database update delays are common. If your expunged conviction still appears in the NICS database, the purchase will be denied or delayed. You can file a NICS appeal through the FBI's NICS Appeals Services Team, providing certified copies of your expungement order. The appeal typically takes 30-60 days. Having your attorney proactively notify the Indiana State Police and FBI of the expungement can prevent delays.

Can I restore my gun rights if I was convicted in another state but now live in Indiana?

Indiana law only allows expungement of Indiana convictions. For an out-of-state conviction, you must pursue restoration in the state where you were convicted, or use the federal 18 USC 925(c) process. If the other state restores your civil rights (including firearm rights), that restoration may lift the federal prohibition — but verify with an attorney, as Indiana law also independently prohibits felon firearm possession.

Felon Gun Rights in Indiana

Must petition for restoration

It depends. If you were convicted of a non-violent, non-sexual felony in Indiana, you can likely restore your gun rights through expungement after the required waiting period (5-10 years depending on offense severity). Expungement restores your status as a 'proper person' to possess firearms under both state and federal law. If your conviction was for a serious violent felony, homicide, or sex offense, expungement is not available and only a gubernatorial pardon can restore your rights.

Last updated: 2026-03-21

Overview

Indiana prohibits possession of handguns by persons convicted of a felony, with additional restrictions for domestic violence offenders. The primary restoration pathway is through expungement under Indiana Code 35-38-9, which restores civil rights — including firearm rights — and designates the person a 'proper person' eligible for a gun permit. The ATF recognizes Indiana expungement as restoring federal firearm rights. For offenses ineligible for expungement (such as certain violent and sexual offenses), a gubernatorial pardon is the only option. Domestic violence convictions require a separate 5-year petition process that does not automatically restore gun rights upon expungement.

Quick Answer

Federal Law — 18 USC 922(g)

Under 18 USC 922(g)(1), any person convicted of a crime punishable by imprisonment for more than one year is federally prohibited from possessing firearms. Indiana expungement under IC 35-38-9-10(c) restores a person's civil rights, including the right to vote, hold public office, serve on a jury, and be a 'proper person' to possess firearms. The ATF changed its position and now recognizes Indiana expungement as restoring federal firearm rights because the statute explicitly restores the right to possess firearms and restores full civil rights. However, domestic violence convictions carry a separate federal prohibition under 18 USC 922(g)(9) (the Lautenberg Amendment) that is not lifted by state expungement alone. The revived federal 18 USC 925(c) process (2025) provides an additional federal pathway for relief.

Can restore gun rights

✓Convicted of a non-violent, non-sexual felony (Class D/Level 6 felony or higher) — eligible for expungement after the applicable waiting period
✓Convicted of a Level 5 or higher felony that is not a serious violent felony or sex offense — eligible for expungement with a longer waiting period
✓Completed full sentence including incarceration, probation, parole, and payment of all fines and restitution
✓No pending criminal charges at the time of the expungement petition
✓Convicted of domestic battery — may petition for firearm rights restoration 5 years after conviction (separate process under IC 35-47-4-7)
✓Any felony conviction may apply for a gubernatorial pardon regardless of offense type

Cannot restore gun rights

✗Convicted of a serious violent felony (murder, voluntary manslaughter, involuntary manslaughter, or other homicide offenses) — ineligible for expungement
✗Sex or violent offender as defined by IC 11-8-8-5 — ineligible for expungement
✗Convicted of official misconduct under IC 35-44.1-1-1 — ineligible for expungement
✗Convicted of two or more offenses involving the use of a deadly weapon that were not part of the same criminal episode — ineligible for expungement
✗Persons who have not completed their full sentence (incarceration, probation, fines, and restitution)
✗Persons with pending criminal charges
✗Persons convicted of domestic violence whose 5-year petition waiting period has not elapsed

Step-by-Step Process

Determine your offense classification and eligibility

Review your conviction to determine if it is eligible for expungement under IC 35-38-9. Serious violent felonies, sex offenses, homicide offenses, official misconduct, and multiple deadly weapon offenses are ineligible. Class D/Level 6 felonies have shorter waiting periods than higher-level felonies. Domestic violence convictions require a separate petition process.

Calculate your waiting period

Waiting periods for expungement: Class D/Level 6 felonies require 8 years from the date of conviction OR 3 years from sentence completion, whichever is later. Level 1-5 felonies require 8-10 years from conviction or 5 years from sentence completion, whichever is later. For domestic violence firearm petitions: 5 years from conviction.

Gather required documentation

Obtain your criminal history from the Indiana State Police. Collect documentation of sentence completion, payment of fines and restitution, and any evidence of rehabilitation (employment, education, community involvement). You will need the case number, court, and county of conviction.

File the expungement petition

File a verified petition for expungement in the court where you were convicted. The petition must include your criminal history, the conviction(s) to be expunged, and a statement that you have completed your sentence and meet all eligibility requirements. Pay the filing fee (generally $157 in Indiana, though fee waivers may be available).

Attend the hearing

The court will schedule a hearing. The prosecutor may object to the expungement. Present evidence of rehabilitation, community ties, employment, and compliance with all sentence conditions. For Level 1-5 felonies, the court has more discretion; for Class D/Level 6 felonies, expungement is more likely to be granted if all requirements are met.

Receive the order and verify firearm rights restoration

If the court grants expungement, IC 35-38-9-10(c) automatically restores your civil rights, including your right to be a 'proper person' to possess firearms. Obtain certified copies of the expungement order. Verify that your record is updated in the Indiana State Police database and the FBI/NICS database. Allow time for database updates before attempting to purchase a firearm.

Waiting Period

For Class D/Level 6 felony expungement: 8 years from conviction or 3 years from sentence completion, whichever is later. For Level 1-5 felony expungement: 8-10 years from conviction or 5 years from sentence completion, whichever is later. For domestic violence firearm petition: 5 years from conviction. For gubernatorial pardon: no fixed waiting period, but several years of law-abiding conduct are expected.

Key Laws

Law	Year	Description
IC 35-47-4-5 — Serious Violent Felons and Firearms	1977 (amended 2014)	Prohibits possession of a firearm by any person who has been convicted of a 'serious violent felony.' This category includes murder, voluntary manslaughter, kidnapping, rape, armed robbery, and other violent offenses. Violation is a Level 4 felony (2-12 years imprisonment).
IC 35-38-9 — Sealing and Expunging Conviction Records	2013 (amended 2019, 2024)	Indiana's comprehensive expungement statute. Allows persons convicted of felonies (except certain serious violent felonies, sex offenses, and homicide) to petition for expungement after specified waiting periods. Section 10(c) explicitly provides that expungement restores all civil rights, including the right to possess firearms and be a 'proper person' under Indiana law.
IC 35-47-4-6 — Domestic Battery Firearm Prohibition	2002	Prohibits possession of a firearm by any person convicted of domestic battery (Level 6 felony or misdemeanor). Creates a separate firearms disability that is not automatically removed by expungement. Requires a specific petition under IC 35-47-4-7 after a 5-year waiting period.
IC 35-47-4-7 — Petition for Firearm Rights Restoration (Domestic Violence)	2002	Allows persons convicted of domestic battery to petition the court 5 years after conviction to restore firearm rights. The court considers factors such as whether the person has been subject to protective orders, completed counseling or treatment, and whether they still pose a threat to the victim.
Indiana Attorney General Opinion 2024-1 — Expungement and Firearm Rights	2024	Confirmed that Indiana expungement under IC 35-38-9 restores firearm rights for eligible offenses. Clarified that offenses ineligible for expungement under IC 35-38-9-3(b), -4(b), and -5(b) remain permanently prohibited. The ATF concurs that Indiana expungement restores federal firearm rights.
18 USC 922(g)(1) — Federal Firearms Prohibition	1968	Federal law prohibiting any person convicted of a crime punishable by more than one year of imprisonment from possessing firearms. Lifted by Indiana expungement because IC 35-38-9-10(c) restores full civil rights including firearms.

Edge Cases

I was convicted of a Class D felony before Indiana reclassified offenses to levels. Does the expungement law still apply to me?

Yes. Indiana reclassified felonies from classes (A-D) to levels (1-6) in 2014. Class D felonies are treated as equivalent to Level 6 felonies for expungement purposes. The same waiting periods and eligibility rules apply. Your petition should reference the original Class D classification and the equivalent Level 6 designation.

Does Indiana expungement restore my right to carry a handgun outside my home?

Yes. Indiana is a constitutional carry state as of July 1, 2022 (HB 1296), meaning no license is required to carry a handgun for persons who are not otherwise prohibited. Once your expungement restores your status as a 'proper person,' you may carry a handgun without a license, just like any other non-prohibited person in Indiana.

I have multiple felony convictions. Can I still get expungement?

It depends on the nature of the convictions. If the multiple felonies are all eligible for expungement (non-violent, non-sexual), you may petition to expunge them. However, if you have two or more convictions involving the use of a deadly weapon that were not part of the same criminal episode, you are ineligible for expungement under IC 35-38-9. Consult an attorney to review your specific situation.

I was convicted of domestic battery. Can expungement alone restore my gun rights?

No. Domestic violence convictions carry a separate firearms disability under both Indiana law (IC 35-47-4-6) and federal law (18 USC 922(g)(9), the Lautenberg Amendment). Expungement does not automatically remove the domestic violence firearms disability in Indiana. You must file a separate petition under IC 35-47-4-7 after waiting 5 years from conviction. Even then, the federal Lautenberg Amendment may still apply unless the conviction is fully expunged from the record.

I was convicted in federal court while living in Indiana. Can I use Indiana's expungement process?

No. Indiana's expungement statute (IC 35-38-9) only applies to Indiana state convictions. Federal convictions cannot be expunged through Indiana courts. For a federal conviction, you would need a presidential pardon or relief under the revived 18 USC 925(c) federal process. Consider consulting a federal firearms attorney.

I received a Level 6 felony conviction that was later reduced to a misdemeanor. Am I still prohibited?

If the felony was reduced to a misdemeanor under Indiana's alternative misdemeanor sentencing provision, and the reduction is reflected in the final judgment, you are no longer a convicted felon under Indiana law. The firearms prohibition for felonies would not apply to the reduced misdemeanor — unless the underlying offense was domestic violence, which carries its own firearm prohibition even at the misdemeanor level.

Frequently Asked Questions

Can a felon own a gun in Indiana?: Not while the felony conviction remains on your record. Indiana prohibits firearm possession by felons, particularly handguns. However, Indiana offers one of the most accessible expungement processes in the country. Once your felony is expunged under IC 35-38-9, your civil rights — including firearm rights — are fully restored under both state and federal law.
How does Indiana expungement restore gun rights?: Indiana Code 35-38-9-10(c) explicitly states that expungement restores a person's civil rights, including the right to vote, hold public office, serve as a juror, and be a 'proper person' to possess a firearm. The ATF recognizes this as a full restoration of civil rights that lifts the federal firearms prohibition under 18 USC 922(g)(1).
How long does the expungement process take in Indiana?: After filing the petition, the court typically schedules a hearing within 30-60 days. The prosecutor has 30 days to respond. If granted, the expungement order takes effect immediately, but it may take several weeks to months for state and federal databases (including NICS) to be updated. The total process from filing to database update is typically 2-6 months.
Is Indiana a constitutional carry state? Do I need a permit after expungement?: Yes, Indiana became a constitutional carry state on July 1, 2022. No license is required to carry a handgun for lawful purposes if you are not otherwise prohibited from possessing a firearm. Once your expungement restores your 'proper person' status, you may carry a handgun without obtaining a permit.
What felonies cannot be expunged in Indiana?: The following are ineligible for expungement: murder, voluntary manslaughter, involuntary manslaughter, and other homicide offenses; sex or violent offender offenses as defined by IC 11-8-8-5; official misconduct (IC 35-44.1-1-1); two or more unrelated offenses involving a deadly weapon; and certain human trafficking offenses. For these, only a gubernatorial pardon can restore gun rights.
Does a gubernatorial pardon restore gun rights in Indiana?: Yes. A pardon from the Indiana Governor restores civil rights, including firearm rights, under both state and federal law (provided the pardon does not expressly exclude firearms). Pardons are rare in Indiana and are typically reserved for cases where the person has demonstrated exceptional rehabilitation over many years.
Can I possess a long gun (rifle or shotgun) as a felon in Indiana?: Indiana's primary felon firearm prohibition focuses on handguns, and some Indiana attorneys argue that long gun possession may not be directly prohibited under state law for certain non-violent felonies. However, the federal prohibition under 18 USC 922(g)(1) applies to ALL firearms — including long guns. Possessing any firearm while federally prohibited is a serious federal crime. Do not possess any firearm until your rights are fully restored.
What is the federal 18 USC 925(c) process, and does it apply in Indiana?: The revived federal 18 USC 925(c) process allows any federally prohibited person to petition the DOJ directly for relief from federal firearms disabilities. This is particularly useful for Indiana residents with federal convictions (which cannot be expunged through Indiana courts) or for offenses ineligible for Indiana expungement. Applications are processed by the Office of the Pardon Attorney.
What happens if I fail the NICS background check after expungement?: Database update delays are common. If your expunged conviction still appears in the NICS database, the purchase will be denied or delayed. You can file a NICS appeal through the FBI's NICS Appeals Services Team, providing certified copies of your expungement order. The appeal typically takes 30-60 days. Having your attorney proactively notify the Indiana State Police and FBI of the expungement can prevent delays.
Can I restore my gun rights if I was convicted in another state but now live in Indiana?: Indiana law only allows expungement of Indiana convictions. For an out-of-state conviction, you must pursue restoration in the state where you were convicted, or use the federal 18 USC 925(c) process. If the other state restores your civil rights (including firearm rights), that restoration may lift the federal prohibition — but verify with an attorney, as Indiana law also independently prohibits felon firearm possession.

Take Action — Direct Links

Keffer Hirschauer LLP — Indiana Expungement Restores Gun Rights
Detailed legal analysis of how Indiana expungement restores firearm rights under IC 35-38-9-10(c), including the ATF's recognition of Indiana expungement.
Gibson Law Office — Indiana Gun Rights Restoration
Overview of Indiana firearm rights restoration through expungement, including eligibility requirements, waiting periods, and the petition process.
Stracci Law Group — Indiana Firearm Rights Restoration
Indiana firearms attorney resource covering the expungement pathway, domestic violence petition process, and federal compliance considerations.
Indiana Attorney General Opinion 2024-1 (PDF)
Official 2024 Attorney General opinion confirming how Indiana expungement interacts with firearm rights restoration, including which offenses are eligible.
Indiana Legal Help — Expungement FAQ
Free legal resource with frequently asked questions about Indiana expungement, including eligibility, process, costs, and firearm rights implications.
Indiana State Police — Limited Criminal History Check
Request your Indiana criminal history to verify conviction details and confirm expungement status. Required for preparing your expungement petition.
DOJ — Federal Firearm Rights Restoration (18 USC 925(c))
Federal pathway for relief from federal firearms disabilities, revived in 2025. Useful for Indiana residents with federal convictions or ineligible state offenses.