Does Pleading Guilty Mean a Conviction in Indiana?

13 hours ago

6 min read

Usually, yes. When an Indiana court accepts a guilty plea, the law directs the court to enter a judgment of conviction (IC 35-38-1-1), generally at or before sentencing. A guilty plea also means there will be no trial. Indiana law does allow a few limited arrangements in which a court defers the case after a guilty plea without entering a conviction, and later dismisses the charge if the person completes the conditions. Whether one of those options is available depends on the offense, the person's history, and the county.

Key points

A guilty plea waives the right to a trial, and the court generally enters a judgment of conviction at or before sentencing.
Pleading guilty does not automatically reduce a sentence. The result depends on any plea agreement and the judge's sentencing decision.
Some programs, such as conditional discharge for certain first-time marijuana possession charges and problem-solving courts, can end in dismissal instead of a conviction.
Before sentencing, a court may allow a person to withdraw a guilty plea for a fair and just reason.

What happens when you plead guilty in Indiana?

Before accepting a guilty plea, an Indiana court must make sure the person understands the charge and the rights being given up (IC 35-35-1-2). The court must explain that by pleading guilty, the person waives:

the right to a public and speedy trial by jury,
the right to confront and cross-examine the witnesses against them,
the right to use court process to require favorable witnesses to appear, and
the right to make the State prove guilt beyond a reasonable doubt at a trial where the person cannot be forced to testify.

The court must also explain the possible sentence, including the minimum and maximum, and how prior convictions or consecutive sentences could affect it. If the charge is a crime of domestic violence, the court must explain that a conviction affects the right to possess a firearm.

The court cannot enter a judgment on a guilty plea unless there is a factual basis for it (IC 35-35-1-3). In addition, Indiana courts may not accept a guilty plea from a person who maintains innocence at the same time (Ross v. State, Indiana Supreme Court, 1983).

When does a guilty plea become a conviction?

A plea or finding of guilt is not the same as a judgment of conviction. The conviction exists when the court enters judgment. Under IC 35-38-1-1, after a guilty plea the court enters a judgment of conviction, except in the limited situations the law allows. Indiana Criminal Rule 3.4 requires the court to enter judgment of conviction at or before sentencing.

If you plead guilty, do you go to trial?

No. A guilty plea gives up the right to a trial. After the court accepts the plea, the case moves to sentencing. In a felony case, the court generally orders a presentence investigation report before sentencing.

Does pleading guilty reduce your sentence?

Not automatically. Two things matter most.

The plea agreement. Many guilty pleas are made under a written agreement with the prosecutor. In a felony case, a plea agreement must be in writing and presented to the court before the plea is entered. The court may accept or reject the agreement. If the court accepts it, the court is bound by its terms (IC 35-35-3-3). An agreement may, for example, reduce the charge, dismiss other counts, or set a sentencing range.

The judge's sentencing decision. When the sentence is not fixed by an agreement, the judge weighs aggravating and mitigating circumstances. The Indiana Supreme Court has said a guilty plea generally deserves some mitigating weight, but it may count for little if the person already received a substantial benefit from the plea deal or the plea appears to be a practical decision rather than an acceptance of responsibility (Anglemyer v. State, 2007).

For an overview of Indiana sentencing ranges, see our article on sentencing guidelines in Indiana.

Guilty pleas that may not end in a conviction

Indiana law includes a few options that can keep a guilty plea from becoming a conviction, or reduce the level of the conviction.

Conditional discharge for certain possession charges. A person with no prior conviction under Indiana's drug laws who pleads guilty to misdemeanor possession of marijuana, hashish, salvia, or smokable hemp may, with the person's consent, have proceedings deferred without a judgment of conviction. If the person completes the conditions, the court must dismiss the charge. If not, the court may enter a conviction. A person may receive only one dismissal under this law (IC 35-48-4-12).

Problem-solving courts. In a problem-solving court, such as a drug or veterans treatment court, a court may defer proceedings after a guilty plea, with the person's consent, without entering a conviction. Successful completion can lead to dismissal (IC 33-23-16-14). Eligibility and availability vary by county.

Level 6 felony entered as a misdemeanor. For many Level 6 felonies, a court may enter judgment as a Class A misdemeanor, or the court, prosecutor, and defendant may agree to a conviction that is later converted to a Class A misdemeanor after conditions are met (IC 35-50-2-7 and IC 35-38-1-1.5). These options still result in a conviction, but at the misdemeanor level. Our article on Level 6 felonies in Indiana explains the details and exclusions.

Pretrial diversion is different. Under a pretrial diversion agreement, the prosecutor agrees to withhold prosecution while the person meets certain conditions (IC 33-39-1-8). The statute does not itself require a guilty plea, but programs differ by county. Learn more in our article on pretrial diversion agreements in Indiana.

Can you take back a guilty plea?

Sometimes. Before sentencing, a court may allow a person to withdraw a guilty plea for any fair and just reason, unless the State would be substantially prejudiced. The court must allow withdrawal when needed to correct a manifest injustice. The request must be made in a written, verified motion (IC 35-35-1-4).

After sentencing, the options are narrower. A request to withdraw a plea is treated as a petition for post-conviction relief, and the person must show that withdrawal is necessary to correct a manifest injustice. A plea that is withdrawn cannot be used as evidence against the person in a criminal, civil, or administrative proceeding.

How a guilty plea affects your record

A conviction entered on a guilty plea appears on your criminal record like any other conviction. It may affect jobs, housing, professional licenses, and future sentencing. In some cases, it can later be expunged. For most misdemeanors, the waiting period is five years after the date of conviction, and for most Level 6 felonies it is eight years, unless the prosecutor consents in writing to an earlier filing (IC 35-38-9-2 and IC 35-38-9-3). See our expungement page for more information.

Frequently asked questions

Is pleading guilty the same as being convicted?

Not at the moment the plea is made, but usually soon after. A guilty plea leads to a judgment of conviction, which the court generally enters at or before sentencing, unless a deferral program applies.

Can a plea deal keep a conviction off my record?

Sometimes. Conditional discharge and problem-solving courts can end in dismissal instead of a conviction for people who qualify and complete the conditions. Pretrial diversion, which does not always involve a guilty plea, can also lead to dismissal. Many plea agreements, however, still result in a conviction. Even after a dismissal, arrest and charge records may remain visible unless they are expunged.

Can I plead guilty and still say I am innocent?

No. Indiana courts may not accept a guilty plea from a person who claims innocence at the same time.

Should I accept a plea offer?

That depends on the evidence, possible defenses, and the long-term consequences. Our articles on whether to accept a plea agreement and pleading guilty versus going to trial discuss the tradeoffs.

Questions about a plea offer?

Before you plead guilty, it helps to understand exactly what the plea means for your record and your future. You can schedule a consultation with Brinkley Law or learn more about our criminal defense practice.

Brinkley Law, 8888 Keystone Crossing, Suite 1300, Indianapolis, Indiana 46240.

This article provides general information about Indiana law and is not legal advice. Reading it or contacting Brinkley Law does not create an attorney-client relationship. The application of the law depends on the facts of each matter.