In the state of Indiana, it’s possible to clear your criminal record through a process called expungement – but do you qualify for it if you’ve been convicted of a Level 6 felony? This guide explains.

Can You Expunge a Level 6 Felony in Indiana?

It’s possible to expunge a Level 6 felony, but in order to do so, you must meet certain requirements. In order to understand whether you can expunge this type of felony from your record, you must first understand how expungement works with different offenses.

What is a Level 6 felony?

Level 6 felonies are serious crimes in Indiana, and they carry harsh penalties. In fact, the court could sentence you to up to 2 years and 6 months of imprisonment with an advisory sentence of one year. (An advisory sentence is a guideline sentence that the court may choose to consider when imposing a sentence on someone who’s been convicted of a crime.)

In some cases, judges can reduce or convert Level 6 felonies to Class A misdemeanors. When judges decide to do this, it’s called an alternative misdemeanor sentence, or AMS. However, the court can only do so in some circumstances – and it’s always at the judge’s discretion. Some people who have prior felonies on their records don’t qualify for an AMS.

What is Expungement?

Expungement is the process of asking a judge to seal your record or mark it as expunged. When a criminal record is expunged, it’s unlawful for anyone to hold it against you, including employers and landlords. In fact, this is the primary reason many people choose to have their criminal records expunged in Indiana – having a criminal record can make it difficult to find a place to live or get a job. Because it’s considered unlawful discrimination for someone to hold an expunged record against you, you may find it easier to move forward with your life when your criminal record is expunged.

In some expungement cases, criminal records are sealed. That means the average person won’t find them in a background check (though law enforcement officials and those working for the court system will, and so will some other people). In other cases, the cases remain in public view – but they’re marked as “expunged.”

Expunging a Level 6 Felony in Indiana

In order to expunge a Level 6 felony in the state of Indiana, you must meet the following requirements:

• You must not have been convicted of two or more separate felonies involving a deadly weapon. If you have multiple charges stemming from one incident, that’s a different story; for the purposes of expunging a Level 6 felony, you may be able to expunge those charges. However, if you have more than one felony involving a deadly weapon stemming from different incidents, you aren’t eligible for expungement.
• You must not have committed a violent crime or sex offense. For the purposes of expungement, a violent crime can mean a number of things; see Table 1 for a complete list.
• You must not have any pending charges.
• You must be completely caught up on all your fines, restitution payments, fees and court costs.
• You must not have any new convictions.

Table 1: List of Violent Crimes That Make You Ineligible for Expungement in Indiana

*For a crime committed before July 1, 2014
**For a crime committed after June 30, 2014

Violent crimes may also include crimes under the laws of another jurisdiction, including a military court, that are substantially similar to any of the offenses listed here. Additionally, judges can consider any other crimes to be violent crimes if they seem to show that you have a tendency toward violence (or that you have a history of violence).

How Long Do You Have to Wait to Expunge a Level 6 Felony?

You must wait at least eight years from the date of your conviction, or at least three years after you complete your sentence, before you can apply for expungement.

A Word on Levels and Classes When it Comes to Felonies in Indiana

On July 1, 2014, the state of Indiana revamped its entire felony criminal punishment scale. Before that date, felonies were classified with letters, and A was the most serious; B was less serious, and so on. After that date, the state switched to “Levels,” with Level 1 being the most serious and Level 6 being the least serious. In fact, many Level 6 felonies can be reduced to misdemeanors if a judge finds it appropriate to do so.

Do You Need to Work With an Attorney to Expunge a Level 6 Felony?

For many people, working with an attorney is the best way to move forward and expunge a Level 6 felony. That’s because expunging a felony conviction requires a lot of paperwork and documentation – and because at some point during the process (particularly if the state’s attorney objects to your expungement), you may be entitled to a hearing. If you have a hearing in your case, your attorney can represent you; they’ll speak on your behalf and argue your case to the judge. Though there’s no way to predict how a judge will rule, working with an attorney may help you get the best possible outcome in your case.

Do You Need to Talk to an Indiana Expungement and Sealing Attorney?

If you’re ready for a fresh start, we may be able to help. Call us at 317-647-5476 or fill out the form below for a free consultation on expungement. We’re here to answer your questions and get you the fresh start you deserve.