Reducing a Felony Conviction to a Misdemeanor

Having a felony on your record can pose significant challenges.  A felony can hinder a person’s ability to find work as well as their ability to find a place to live.  Clearly, being charged with a felony is a big problem that can have life-altering consequences.  The ability to get a felony reduced to a misdemeanor is a huge opportunity, as misdemeanors do not carry nearly the weight of felony convictions.  Luckily, there are a few mechanisms in Indiana law that permit felonies to be reduced to misdemeanors.

Level 6 Felony Indiana

What are the chances of getting a felony dropped to a misdemeanor? A Level 6 felony is the lowest felony classification in Indiana and typically involves non-violent offenses. Examples include theft (property value between $750 and $50,000), possession of a controlled substance, and operating while intoxicated with a prior conviction. According to Indiana Code 35-50-2-7, these felonies carry a penalty ranging from 6 months to 2.5 years in prison and fines up to $10,000.

While considered less severe than higher felony levels, a Level 6 conviction can still significantly impact your life. It creates a criminal record that may limit employment prospects, restrict professional licenses, and makes finding stable housing more difficult. Many individuals seek to reduce these consequences by requesting reclassification through Indiana’s Alternative Misdemeanor Sentencing (AMS) law.

What Are the Chances of Getting a Felony Dropped to a Misdemeanor?

In Indiana, whether a felony can be reduced to a misdemeanor depends mainly on the case’s unique facts, the nature of the offense, and the individual’s criminal background. Prosecutors and judges look at several variables before making this decision:

• Was the offense non-violent and victimless?
• Has the individual completed all terms of sentencing, including probation?
• Are there any new arrests or convictions on the person’s record?
• How much time has passed since the conviction?

Judges also consider how well the person has reintegrated into society, including employment, education, and community involvement. Consistent, law-abiding behavior and proactive rehabilitative steps can positively influence the outcome. When these factors align favorably, there’s a strong chance a felony could be converted to a misdemeanor through a plea deal or the court’s discretion after sentencing.

Prosecutor’s Plea Deal

One potential path to a misdemeanor reduction is through a negotiated plea deal. If the prosecution anticipates difficulty proving the case at trial, they may offer to reduce a Level 6 felony to a Class A misdemeanor in exchange for a guilty plea. This option is more likely when the defendant:

• Accepts responsibility quickly
• Has no prior felonies
• Committed a non-violent offense

Prosecutors may also be more open to such reductions if the individual has demonstrated genuine remorse, taken steps toward rehabilitation, or shown cooperation during the investigation. These deals typically happen early in the process and require collaboration between the defense counsel and the prosecution. Indiana Code 35-35-3 outlines the legal basis for negotiated pleas.

Court’s Discretion

Alternatively, someone convicted of a Level 6 felony can later ask the court to reclassify the offense as a misdemeanor under AMS if they meet specific requirements. These typically include:

• The offense was not classified as violent or sexual.
• The individual has not been convicted of any new felonies.
• At least three years have passed with a clean record and responsible conduct.
• No current criminal charges are pending.

The court has broad discretion in these cases and may still deny the request, even if all conditions are satisfied. Having legal guidance during this process can make a significant difference.

Alternative Misdemeanor Sentencing

Indiana’s AMS law allows courts to treat certain Level 6 felony convictions as Class A misdemeanors, either at the time of sentencing or later. This reclassification can be automatic in some plea agreements, while in other cases, it requires the defendant to file a formal post-conviction petition. AMS aims to give individuals a path to reduce the long-term burden of a felony record when they’ve demonstrated positive change and rehabilitation.

To qualify under Indiana Code 35-50-2-7:

• The crime must not involve bodily injury.
• The person must not be a sex or violent offender.
• No new felonies since the conviction.
• Completion of sentence, including probation or parole.
• There are no pending charges.
• At least 3 years since the sentence was served.

Understanding Indiana’s “Second Chance” Law

Indiana’s “Second Chance” law works alongside AMS to help eligible individuals clean up their criminal records. While AMS reduces the severity of a conviction, Indiana’s expungement laws allow people to seal records of arrests and convictions from public view, preventing most employers and landlords from accessing them during background checks.

This means that someone who has had a Level 6 felony reduced to a misdemeanor could later qualify to have that misdemeanor sealed, opening up more employment and housing opportunities, restoring credibility in the community’s eyes, and allowing for a fresh start.

Examples of Class D Felony

Before the 2014 reclassification of felonies in Indiana, Level 6 were known as Class D felonies. This earlier classification still influences how older convictions are interpreted today. Examples include:

• Theft.
• Criminal recklessness.
• Possession of marijuana over 30 grams.
• Residential entry.

Though sometimes seen as less severe, these offenses still carry lasting consequences if left as felonies. Most now fall under the Level 6 felony designation and may qualify for AMS depending on the circumstances of the case, such as when the offense occurred, the individual’s record, and whether sentencing requirements were completed.

Does a Reduced Felony Still Show Up on Background Checks?

Even after a felony is reduced to a misdemeanor, many people in Indianapolis still wonder what potential employers, landlords, or licensing boards will see when they run a background check. The short answer is yes—a reduced charge can still appear unless it’s been expunged. However, the impact of a misdemeanor on your future is often much less severe than a felony. 

A Class A misdemeanor generally raises fewer red flags during hiring or housing applications, showing you’ve taken steps toward rehabilitation. If you also qualify under Indiana’s expungement laws, you may be able to remove the charge from public view altogether. 

That’s why it’s essential to pursue a felony reduction and consider your expungement options. Each step helps clear the path toward a cleaner slate and more open opportunities.

What Next? Here’s How We Can Help

Clearly, reducing a felony to a misdemeanor is not easy. If you are charged with a felony, contact the experienced criminal defense attorneys at Banks & Brower, LLC. We are available at all times by calling (866) 823-9939 or by emailing info@banksbrower.com.