Level 6 Felony in Indiana: Sentencing Range, Misdemeanor Options, and Expungement

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A Level 6 felony is the lowest level of felony in Indiana. For a crime committed after June 30, 2014, the sentencing range is six months to two and one-half years, with an advisory sentence of one year and a possible fine of up to $10,000 (IC 35-50-2-7). That range is not the whole story. Depending on the facts, a judge may suspend all or part of the sentence, and Indiana law sometimes allows a Level 6 felony to be entered or later converted as a Class A misdemeanor.

What is a Level 6 felony?

Indiana groups felonies into Levels 1 through 6, with Level 1 the most serious. Many Level 6 offenses are crimes that would be misdemeanors except for an added circumstance, such as the value of property, a prior conviction, or how the offense was committed. Examples under current Indiana law include:

Theft of property valued at $750 or more but less than $50,000, or theft by a person with certain prior convictions (IC 35-43-4-2).
Operating while intoxicated with a prior OWI conviction within the previous seven years (IC 9-30-5-3).
Possession of methamphetamine, which is a Level 6 felony unless an amount or enhancing circumstance raises the level (IC 35-48-4-6.1).
Domestic battery with certain added circumstances, such as a prior unrelated battery conviction or an offense committed in the physical presence of a child under 16 (IC 35-42-2-1.3).

The exact charge level depends on the facts alleged and the statute in effect on the date of the offense.

The sentencing range and the advisory sentence

For a Level 6 felony, a court may impose a fixed term between six months and two and one-half years, plus a fine of up to $10,000 (IC 35-50-2-7). The one-year advisory sentence is "a guideline sentence that the court may voluntarily consider" (IC 35-50-2-1.3). It is a starting point, not a required result.

When choosing a sentence, a court may consider aggravating circumstances and mitigating circumstances (IC 35-38-1-7.1). These can include criminal history, the impact on any victim, and the person's character and circumstances.

A court generally may suspend part or all of a felony sentence (IC 35-50-2-2.2). A suspended sentence may come with probation or other conditions. For an overview of how Indiana sentencing works across offense levels, see our article on sentencing guidelines in Indiana.

Can a Level 6 felony be treated as a misdemeanor?

Sometimes. Indiana law provides more than one path.

At sentencing

A court may enter judgment of conviction for a Class A misdemeanor instead of a Level 6 felony and sentence the person accordingly (IC 35-50-2-7(c)). A Class A misdemeanor carries up to one year and a fine of up to $5,000 (IC 35-50-3-2). The court must explain its reasons on the record.

This option is not available in every case. For example, the statute excludes:

A person who had a prior unrelated felony entered as a Class A misdemeanor, if that prior felony was committed less than three years before the current offense.
Domestic battery charged as a felony.
Certain offenses involving child sex abuse material.

Indiana law also allows, in some cases, an agreed arrangement in which the court enters a Level 6 conviction that is converted to a Class A misdemeanor after the person meets conditions set by the court. This requires the agreement of the court, the prosecutor, and the person (IC 35-38-1-1.5).

After the sentence is complete

A person convicted of a Level 6 felony may later file a verified petition asking the sentencing court to convert the conviction to a Class A misdemeanor (IC 35-50-2-7(d)). The prosecutor must receive notice, and the court holds a hearing. To grant the petition, the court must find, among other things, that:

The person is not a sex or violent offender.
The offense did not result in bodily injury to another person.
The person has not been convicted of perjury or official misconduct.
The person has no domestic battery felony conviction in the 15 years before the offense.
At least three years have passed since the person completed the sentence and satisfied other obligations imposed as part of the sentence.
The person has not been convicted of a felony since completing the sentence.
No criminal charges are pending against the person.

If a converted conviction is followed by a new felony conviction within five years, the prosecutor may ask the court to convert the misdemeanor back to a felony (IC 35-50-2-7(f)).

Can a Level 6 felony be expunged?

Often, yes, if the person meets the requirements.

A Level 6 felony that was entered as, or reduced to, a Class A misdemeanor falls under Indiana's misdemeanor expungement statute. A petition generally may be filed five years after the date of conviction (IC 35-38-9-2).
A Level 6 felony that remains a felony generally may be expunged eight years after the date of conviction (IC 35-38-9-3).

Both statutes allow an earlier filing if the prosecuting attorney consents in writing. Both also have eligibility requirements and exclusions, such as for sex or violent offenders. Indiana court guidance indicates that the waiting period runs from the original conviction date, even if the conviction is later reduced to a misdemeanor. Learn more on our expungement page.

Other consequences of a Level 6 felony

A felony conviction can affect more than the sentence itself.

Firearms. Federal law generally prohibits firearm possession by a person convicted of a crime punishable by more than one year in prison (18 U.S.C. 922(g)(1)). Because a Level 6 felony carries up to two and one-half years, that federal rule can apply. Whether a later conversion or expungement changes a person's firearm rights depends on the details and should be reviewed with a lawyer.
Future sentencing. Prior felony convictions, including Level 6 felonies in some situations, can be used in later habitual offender proceedings (IC 35-50-2-8).
Work, housing, and licensing. Employers, landlords, and licensing agencies may ask about felony convictions.

Frequently asked questions

Is a Level 6 felony the same as a misdemeanor?

No. A Level 6 felony is a felony. In some cases, however, a court may enter the conviction as a Class A misdemeanor at sentencing or convert it to a misdemeanor later.

Will I have to serve the full sentence?

Not necessarily. A court may suspend all or part of a Level 6 felony sentence, and the outcome depends on the facts, criminal history, and any plea agreement.

How long does a Level 6 felony stay on my record?

A conviction stays on your record unless it is expunged. Indiana's expungement waiting periods for a Level 6 felony are generally five years if it was entered or reduced as a misdemeanor and eight years if it remains a felony.

Should I accept a plea to a Level 6 felony?

That depends on the evidence, the possible defenses, and the long-term consequences. Our article on pleading guilty versus going to trial explains some of the tradeoffs.

Questions about a Level 6 felony charge?

If you or a family member is facing a Level 6 felony charge in Indiana, or you want to know whether an older conviction can be converted or expunged, 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.