Can a Domestic Battery Charge Be Expunged in Indiana?

A domestic battery conviction in Indiana does not have to follow you forever. Whether you can expunge a domestic battery in Indiana depends on how the offense was charged, whether anyone was seriously hurt, and what else is on your criminal record.

Can a Domestic Battery Conviction Actually Be Expunged in Indiana?

Yes, for many people, but it depends on how the case was classified. Domestic battery starts as a Class A misdemeanor, which carries up to one year in jail and a fine of up to $5,000.

It becomes a Level 6 felony with a previous, unrelated battery conviction or other facts, such as moderate bodily injury. A Level 5 felony can involve serious bodily injury, which makes expungement much harder.

How Long Do You Have to Wait Before Filing?

Indiana’s Second Chance Law sets different waiting periods depending on the case outcome, not just the charge. The timeline runs from the date of conviction, or the date of arrest if charges were never filed.

• Arrest with no conviction: one year after the arrest or charge, if no charges are pending. If a court dismisses the charges or finds you not guilty, it must clear the records on its own.
• Misdemeanor conviction: five years. The court must grant the petition if you meet the requirements.
• Level 6 felony never reduced to a misdemeanor: eight years from conviction if no bodily injury. With bodily injury, the wait is the later of eight years from conviction or three years after your sentence ends, and the judge may say no.

What Can Block Expungement of a Domestic Battery Case?

Indiana law blocks expungement for sex or violent offenders, for felonies that caused someone’s death, and for people with two or more separate felonies involving the unlawful use of a deadly weapon.

A Level 5 felony with serious bodily injury is not automatically ineligible. You must wait the later of 10 years from conviction or five years after your sentence ends. The prosecutor must agree in writing, and the judge can still say no.

A second conviction can make expungement harder. The court reviews your whole record, and you must stay free of new convictions during the waiting period.

Does Expungement Restore Your Right to Own a Firearm?

No. Expungement of a crime of domestic violence does not restore firearm rights. You may petition to restore them under Indiana Code 35-47-4-7 no earlier than five years after conviction.

Federal law also bans gun possession after a misdemeanor crime of domestic violence and after most felonies. It may stop counting a conviction that was expunged, set aside, or pardoned, unless that relief says you still cannot have guns. Get legal advice before you own a gun.

Frequently Asked Questions

Does expungement completely erase my domestic battery record?

No. It seals some records and restricts the use of others. For some felonies, the case stays public but is marked “expunged.” A judge can also count the old conviction if you are charged with a new crime.

Can I file for expungement again if I get another domestic battery charge later?

Usually not for a conviction. Indiana generally allows one expungement petition per lifetime, except for arrests that did not end in a conviction.

Do I need a lawyer to file an expungement petition in Indiana?

It isn’t required, but mistakes can be costly. Because you generally get one conviction petition, have someone review your full record first.

Get Help With Your Domestic Battery Expungement

Once a domestic battery case is behind you, the next worry is whether it keeps showing up on background checks for jobs, housing, or licensing. Reviewing your conviction level, county, and any other domestic violence history is the first step.

If you’re unsure whether your case qualifies, or or whether you can restore firearm rights, sort it out before you file. Contact our firm today.