Class C Felony in Indiana: Penalties, Level 5, and Expungement

A Class C felony in Indiana is a mid-level felony classification that applied to crimes committed before July 1, 2014, carrying a prison term of two to eight years and a fine of up to $10,000.¹ When the state rewrote its criminal code in 2014, Class C was replaced by Level 5, but convictions from the old system still appear on records under the original label and still carry the same lifelong consequences. Many Class C convictions can eventually be expunged, though eligibility depends on the offense and on how long ago you finished your sentence.

What Counts as a Class C Felony

Class C sat in the middle of Indiana’s old severity ladder: more serious than Class D, less serious than Class B. The offenses in this tier generally involved significant harm to a person, substantial property loss, or drug activity beyond simple possession. Typical examples included battery resulting in serious bodily injury, burglary of a structure other than a dwelling, and reckless homicide.

Drug manufacturing and dealing charges landed here when the quantities exceeded thresholds for lower-level possession. Child exploitation offenses, covering possession or distribution of child sexual abuse material, were prosecuted as Class C felonies. Large-scale fraud and forgery rounded out the category. The common thread was conduct serious enough to warrant years in prison but short of the most severe charges Indiana reserved for Class A and B.

How the Old Class C Maps to Today’s Level 5

Indiana’s revised criminal code took effect July 1, 2014, replacing the lettered classes (A through D) with a numbered system running from Level 1, the most serious, down to Level 6. Class C felonies were reclassified as Level 5 felonies, and Class D felonies became Level 6.¹ Court records from before the recode still read “Class C felony,” but for sentencing enhancements, parole calculations, and expungement eligibility, the two are treated as equivalents.

The sentencing ranges shifted a bit in the conversion. A Level 5 felony carries one to six years with a three-year advisory sentence; the old Class C range was two to eight years with a four-year advisory.¹ The $10,000 maximum fine stayed the same. If you were sentenced under the old code, your original sentence stands. The new ranges apply only to offenses committed after June 30, 2014.

Prison Time, Fines, and Probation

Under the pre-2014 code, a Class C conviction carried two to eight years in prison with an advisory sentence of four years. The advisory was a starting point, not a guarantee. Judges moved up or down based on the facts.

Aggravating factors pushed sentences toward the eight-year cap: a significant criminal history, use of a weapon, a particularly vulnerable victim. Mitigating factors pulled the other way, including a clean prior record, cooperation with investigators, genuine remorse, or mental health issues contributing to the offense. Both sides argued these at a sentencing hearing, and the judge had wide discretion within the range.

For non-violent offenses, judges could suspend part or all of the prison term and place the defendant on probation. Someone convicted of a large fraud scheme with no prior record might receive eight years with six suspended, serving two in prison followed by probation. Violent records or offenses causing serious injury rarely got that treatment. When a defendant faced multiple convictions, the judge also decided whether the sentences ran concurrently or consecutively.

Fines of up to $10,000 could be imposed on top of prison time, with court costs and victim restitution added separately. Probation conditions typically included regular check-ins, random drug testing, maintaining employment, and staying away from firearms, with offense-specific requirements like counseling, financial management courses, or substance abuse treatment layered on.

Habitual Offender Enhancements

Indiana’s habitual offender statute adds years to a sentence when a defendant has accumulated prior felony convictions. It is a sentencing status, not a separate crime, and the state must prove the priors beyond a reasonable doubt.²

For a Level 5 felony or the old Class C equivalent, the enhancement adds three to six years on top of the base sentence. To qualify as a habitual offender at this level, the state must show at least two prior unrelated felonies, with at least one more serious than a Class D or Level 6, and no more than ten years can have passed between release on the prior and the current offense.²

Consequences Beyond the Sentence

The prison term and fine are only part of what a Class C felony costs. A set of long-term restrictions attaches to the conviction itself.

Firearm Rights

Federal law prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing a firearm or ammunition.³ Every Class C felony carried a potential sentence well above that line, so the ban applies across the board. Indiana expungement can restore firearm rights under state law in some circumstances, but it does not automatically override the federal prohibition. Anyone considering firearm possession after expungement should get specific legal advice.

Employment and Licensing

The Indiana Professional Licensing Agency conducts criminal background checks on applicants for regulated fields including healthcare and real estate, and a Class C felony can lead to denial or revocation of a professional credential.⁴ Even in unregulated jobs, most employers run background checks and can legally decline to hire based on a felony record.

Housing

Landlords routinely screen applicants and can reject applications based on felony convictions, particularly those involving violence or drugs. Public housing authorities apply their own eligibility rules that often exclude people with serious criminal records.

Voting

Indiana restores voting rights once you are released from prison.⁵ You lose the right only while actually incarcerated. Restoration is automatic, but you still need to register through the normal process before you can vote.

Immigration

If you are not a U.S. citizen, a Class C felony can carry consequences far worse than the criminal sentence. Federal immigration law defines “aggravated felony” broadly, and the term has nothing to do with whether the state called the offense aggravated. Offenses that qualify include drug trafficking of any quantity, theft or burglary with a sentence of at least one year, crimes of violence with a sentence of at least one year, child exploitation, and fraud where the victim’s loss exceeded $10,000.⁶ An aggravated felony triggers mandatory detention, bars nearly all forms of relief from removal, and results in permanent inadmissibility.

Even Class C felonies that fall short of aggravated felony status can qualify as crimes involving moral turpitude, generally covering offenses involving fraud, theft with intent to permanently deprive, or intent to inflict serious harm. A single such conviction within five years of admission, where the potential sentence was one year or more, is grounds for deportation. Non-citizens facing any felony charge should talk to an immigration attorney before entering a plea.

Travel

Federal law lets the State Department deny or revoke a passport for anyone convicted of a federal or state drug felony if the person used a passport or crossed an international border while committing the offense.⁷ Many countries also deny entry to people with felony records regardless of expungement. Canada is the most common example for Indiana residents, as border officials routinely screen for U.S. criminal records.

Expungement of a Class C Felony

Indiana allows most people with Class C convictions to petition for expungement under IC 35-38-9. Expungement does not erase the conviction, but it restricts public access to the record and lets you legally say you have not been convicted in most situations. Which rules apply depends on the offense.

Standard Class C Expungement

Most Class C felonies fall under IC 35-38-9-4, which covers less serious felony convictions. You can file no earlier than eight years after the date of conviction or three years after completing your sentence, whichever is later.⁸ Completing your sentence includes prison time, probation, and parole. A prosecuting attorney can consent in writing to a shorter wait, but that is uncommon.

To qualify, you must meet all three of these conditions:

No pending criminal charges at the time of filing.
All fines, fees, court costs, and restitution paid in full.
No felony or misdemeanor convictions in the previous eight years.

Even when every requirement is met, the court has discretion. The statute says the judge “may” grant the petition, not “shall.” Prosecutors can file objections, and the judge weighs everything before deciding. Petitions that cleanly satisfy the statutory requirements are approved more often than not, but approval is not guaranteed.

Convictions With Serious Bodily Injury or Official Misconduct

If your Class C offense involved serious bodily injury to another person, the petition falls under IC 35-38-9-5 instead, which has stricter requirements and a longer waiting period.⁹ The same path applies to convictions for official misconduct. The court still has discretion, and the bar for approval is higher.

Convictions That Cannot Be Expunged

Some Class C felonies are permanently ineligible. The law excludes:

Homicide offenses, including reckless homicide.
Sex crimes, including child exploitation.
Human trafficking offenses.
Any felony that resulted in someone’s death.
Two or more felonies involving the unlawful use of a deadly weapon committed in separate incidents.
Convictions classifying the person as a sex or violent offender.

If your conviction falls into one of these categories, no amount of time or good behavior will make it eligible under current Indiana law.⁹

How to File

You file the petition in the circuit or superior court of the county where you were convicted. The filing fee is $157 per county. If your convictions span multiple counties, you need a separate petition and fee for each one. Once granted, the record is sealed from public view but remains accessible to law enforcement, courts, and certain government agencies. In practical terms, most employers, landlords, and licensing agencies will no longer see the conviction on a standard background check.

1
Indiana General Assembly. Indiana Code 35-50-2-6 – Class C Felony; Level 5 Felony
2
Indiana General Assembly. Indiana Code 35-50-2-8 – Habitual Offenders
3
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
4
Indiana Professional Licensing Agency. Criminal Background Checks
5
National Conference of State Legislatures. Restoration of Voting Rights for Felons
6
Office of the Law Revision Counsel. 8 USC 1101 – Definitions
7
Office of the Law Revision Counsel. 22 USC 2714 – Denial of Passports to Certain Convicted Drug Traffickers
8
Indiana General Assembly. Indiana Code 35-38-9-4 – Expunging Certain Less Serious Felony Convictions
9
Indiana General Assembly. Indiana Code 35-38-9-5 – Expunging Certain Serious Felony Convictions