Expungement for Domestic Violence Charges in Indiana

A domestic violence charge in Indiana can cast a long shadow over an individual’s life. Whether the incident stemmed from a misunderstanding, a one-time lapse in judgment, or a more complex personal situation, the legal consequences can be severe and lasting. Even after serving a sentence or completing probation, individuals often continue to face challenges in securing employment, housing, and even exercising their civil rights. These collateral consequences are particularly acute when the charge involves domestic violence, which carries significant social stigma and legal restrictions—especially regarding firearm possession and child custody. Fortunately, there is a legal remedy: expungement for domestic violence charges in Indiana.  

Expungement can provide eligible individuals with a fresh start by sealing or removing qualifying criminal records from public view. However, not all charges are treated equally under Indiana’s expungement statutes. Expungement for domestic violence charges in Indiana is a uniquely complex area of law, governed by specific statutory limitations and eligibility criteria. Therefore, it’s highly recommended that anyone seeking domestic violence expungement retain the services of a skilled and experienced Indiana expungement lawyer. To speak with one today, call 317-648-9560 or complete our online contact form to schedule a free consultation.  

Understanding Domestic Violence Charges in Indiana 

Under Indiana law, the term “domestic violence” encompasses a range of offenses committed against a family or household member. According to Indiana Code 35-31.5-2-78, a “crime of domestic violence” refers to an offense or attempted offense that involves the use or threatened use of force against a person in a domestic context. This can include spouses, former spouses, people with a child in common, or those in a current or former dating relationship. 

One of the most commonly charged offenses in this category is domestic battery, defined in Indiana Code 35-42-2-1.3. A person commits domestic battery when they knowingly or intentionally touch a family or household member in a rude, insolent, or angry manner. Depending on factors such as the presence of injury, prior convictions, or whether the alleged victim is a child, the offense may be charged as a misdemeanor or a felony. 

Domestic violence charges can also include related offenses like: 

• Strangulation (IC 35-42-2-9) 
• Intimidation (IC 35-45-2-1) 
• Criminal confinement (IC 35-42-3-3) 
• Invasion of privacy for violating a protective order (IC 35-46-1-15.1). 

A conviction for any of these crimes can have significant repercussions beyond the immediate sentence. Individuals may face restrictions on gun ownership under federal and state law, barriers to professional licensure, and negative implications in family law matters, such as child custody disputes. 

Because these offenses are taken seriously by prosecutors and the courts, and because of the additional consequences that accompany them, individuals facing or convicted of a domestic violence offense need to fully understand the implications—especially when seeking expungement for domestic violence charges in Indiana. 

Eligibility for Expungement of Domestic Violence Charges 

Indiana law provides individuals with the opportunity to clear their criminal records through expungement, but when it comes to expungement for domestic violence charges in Indiana, the law imposes strict limitations. Eligibility hinges on several factors, including the nature of the offense, whether it resulted in a conviction, and the petitioner’s criminal history and rehabilitation. 

General Eligibility Requirements 

The overarching expungement statute is found in Indiana Code 35-38-9, which outlines different pathways depending on whether the case resulted in a conviction, an arrest without charges, or an acquittal. For those with a conviction, eligibility typically depends on: 

• Completion of the sentence, including probation or parole 
• The passage of a statutorily mandated waiting period (generally five to eight years from the date of conviction) 
• No new convictions during the waiting period 
• Payment of all fines, fees, and restitution 

For misdemeanors and certain lower-level felonies that were reduced to misdemeanors, a petition may be filed under Indiana Code 35-38-9-2 or Indiana Code 35-38-9-3, respectively. For Level 6 felonies, Indiana Code 35-38-9-4 applies, while more serious felonies require prosecutorial consent under Indiana Code 35-38-9-5. 

Special Considerations for Domestic Violence Convictions 

A crucial barrier exists for domestic violence cases. Per Indiana Code 35-38-9-10(a)(3), expungement is not available to individuals convicted of: 

“An offense that involved the use of a deadly weapon or resulted in serious bodily injury to another person, or an offense that is a sex offense… or a crime of domestic violence, if the person seeking expungement has a conviction for another crime of domestic violence.” 

This means that: 

• A first-time domestic violence conviction may be eligible for expungement in Indiana. 
• Felonies involving serious bodily injury or the use of a deadly weapon are also ineligible, regardless of whether they fall under the domestic violence category. 

Moreover, the term “crime of domestic violence“ is defined in Indiana Code 35-31.5-2-78 and encompasses a wide variety of offenses that include a domestic relationship between the perpetrator and the victim. Thus, even if the charge does not say “domestic battery,” it may still fall within this category and restrict expungement rights 

Given the nuanced distinctions in Indiana law on expungement, determining whether a specific domestic violence-related conviction qualifies for expungement often requires a careful review of the individual’s entire criminal history, the exact statutory basis of the conviction, and the applicable waiting period. 

Limitations and Restrictions to Domestic Violence Expungement in Indiana

While Indiana’s expungement statute offers a path to a clean slate for many, not every domestic violence conviction qualifies. Understanding the legal boundaries of expungement for domestic violence charges in Indiana is crucial before initiating the process. 

Statutory Bars to Expungement 

Indiana law explicitly prohibits expungement in several serious circumstances. According to Indiana Code 35-38-9-10, expungement is not available for: 

• Offenses that resulted in serious bodily injury; 
• Offenses involving the use of a deadly weapon; 
• Sex offenses; 
• A second or subsequent crime of domestic violence. 

These limitations are particularly significant because many domestic violence offenses in Indiana can be enhanced based on injury severity, prior history, or weapon use—effectively removing them from expungement eligibility altogether. 

Impact of Prior Convictions 

One of the most critical barriers to expungement is a prior conviction for a crime of domestic violence. As specified under Indiana Code 35-38-9-10(a)(3), if an individual has more than one conviction classified as a crime of domestic violence, expungement is not permitted. This applies even if one of the convictions was relatively minor or occurred many years earlier. 

Additionally, individuals who have other disqualifying felony convictions may also be ineligible or may require prosecutorial consent, which is discretionary and not guaranteed. 

Risks of Procedural Errors 

Expungement petitions must be meticulously prepared and filed in compliance with Indiana’s procedural requirements. Any false statement, failure to include all required documentation, or attempt to conceal prior offenses can result in outright denial. Courts retain broad discretion to deny petitions that fail to meet statutory criteria or where the public interest outweighs the petitioner’s interest in sealing the record. 

The Expungement Process 

Filing for expungement for domestic violence charges in Indiana involves a legally precise and procedural undertaking. Petitioners must follow a structured path outlined in Indiana’s expungement laws – which varies depending on the classification of the offense and the petitioner’s history. 

Step 1- Filing the Petition for Expungement of Domestic Violence Charges in Indiana 

The process begins with filing a verified petition of expungement in the court where the conviction occurred. The petition must include: 

• The offense, case number, and date of conviction; 
• A statement of compliance with waiting periods and completion of the sentence; 
• Proof that no charges are currently pending; 
• An affirmation that the petitioner has not committed another crime within the required waiting period. 

Each petition must be signed under penalty of perjury. Petitioners must file separately for each county in which they have convictions and must file all eligible convictions at once unless waived by the court. 

Step 2 – Notice and Prosecutorial Response 

Upon filing, the petitioner must serve a copy of the petition to the prosecuting attorney. The prosecutor has the opportunity to: 

• Agree with the petition; 
• Object to it (with explanation); 
• Request a hearing. 

If the prosecutor does not object and the court finds the Indiana expungement petition compliant, the judge may grant the expungement without a hearing. However, domestic violence-related expungements often face scrutiny and may prompt prosecutorial opposition. 

Step 3 – Court Discretion and Hearing on Expungement  

If a hearing is scheduled, the court will evaluate whether: 

• The petitioner meets all statutory requirements for Indiana expungement; 
• The offense qualifies for expungement 
• Granting expungement serves the interest of justice. 

The court has discretion, especially in more serious or borderline-eligible cases, such as those involving domestic violence. A persuasive presentation—including evidence of rehabilitation, employment history, and community involvement—can significantly influence the court’s decision. 

Step 4 – Outcomes and Record Sealing 

If granted, the court will order: 

• The sealing of court records and related records held by law enforcement and the Bureau of Motor Vehicles; 
• The prohibition of public access to the expunged records. 

Note, however, that law enforcement agencies, courts, and prosecutors may retain access to these criminal  records for criminal justice purposes. 

Legal Guidance and How We Can Help 

Pursuing expungement for domestic violence charges in Indiana is not a simple process—it demands an in-depth understanding of Indiana’s expungement laws, strategic petitioning, and careful navigation of potential legal barriers. Because crimes involving domestic violence are subject to unique statutory restrictions and prosecutorial scrutiny, even one misstep in the process can result in denial of relief. 

At Keffer Hirschauer LLP, we bring a rare dual perspective to these cases. Our attorneys include former prosecutors and seasoned Indiana criminal defense lawyers who understand how Indiana courts assess expungement petitions, especially for sensitive matters like domestic violence. We evaluate every aspect of your criminal history to determine eligibility, build a comprehensive petition, and advocate vigorously for your second chance in court. 

Whether you’re seeking to advance your career, improve your housing prospects, or simply put a painful chapter behind you, our firm is here to guide you through the process with clarity and precision. Contact an Indiana expungement lawyer today at 317-648-9560 or complete our online contact form to schedule a free consultation. Let us help you move forward with confidence.