Misdemeanor Treatment for a Felony
If you are wanting to expunge a Class D or Level 6 felony, Indiana law requires you to wait 8 years after the date of the conviction before you can petition a court for expungement. When first contacted about expunging such a felony, we also investigate if the client is eligible for misdemeanor treatment.
A successful petition for misdemeanor treatment will reduce the felony conviction a Class A misdemeanor. The waiting period to file for expungement is also reduced from 8 years down to 5 years which is the waiting period for a misdemeanor conviction.
A sentencing court may convert a Class D felony conviction or a Level 6 felony conviction to a Class A misdemeanor conviction if:
- The person is not a sex or violent offender.
- The person was not convicted of a Class D felony or a Level 6 felony that resulted in bodily injury to another person.
- The person has not been convicted of perjury or official misconduct.
- At least three (3) years have passed since the person completed the person’s sentence and satisfied any other obligation imposed on the person as part of the sentence.
- The person has not been convicted of a felony since the person completed the person’s sentence and satisfied any other obligation imposed on the person as part of the sentence.
- No criminal charges are pending against the person.
Also, if you signed a written plea agreement, the agreement must be reviewed to determine if you waived your right to seek misdemeanor treatment.
If you find yourself needing to expunge a Class D or Level 6 felony, you should immediately hire an experienced criminal defense lawyer that you can trust such as Steven Knecht to help you fight the State because you have a lot at stake on the outcome.