A Class C misdemeanor in Indiana is the state’s lowest-level criminal offense, punishable by up to 60 days in jail and a fine of up to $500 under Indiana Code 35-50-3-4.1Indiana General Assembly. Indiana Code 35-50-3-4 – Class C Misdemeanor It is still a crime, not a traffic ticket or civil infraction, and a conviction creates a criminal record that shows up on background checks until it is expunged.
That distinction matters more than people expect when they first see the charge. A civil infraction, like most speeding tickets, carries a fine but no possibility of jail and no criminal record. A Class C misdemeanor can send you to jail and will follow you into job and housing applications for years.
What Counts as a Class C Misdemeanor
Indiana splits misdemeanors into Class A (most serious), Class B, and Class C (least serious), with the classification set by whichever statute defines the offense.2Justia. Indiana Code Title 35, Article 50, Chapter 3 – Sentences for Misdemeanors There is no single list of Class C offenses in one place; the designations are scattered across dozens of titles in the Indiana Code.
Confirmed Class C misdemeanors include driving on a highway without ever having obtained a valid license (a first offense under IC 9-24-18-1), a first-offense operating while intoxicated with a blood alcohol concentration between 0.08 and 0.15, and public nudity. The driving-without-a-license charge escalates to a Class A misdemeanor on a second offense or if someone is injured, and can reach felony level if the driving causes serious injury or death.3Indiana General Assembly. Indiana Code 9-24-18-1 – Driving Without a License
Two offenses commonly misidentified online as Class C are public intoxication and disorderly conduct. Both are actually Class B misdemeanors under IC 7.1-5-1-34Indiana General Assembly. Indiana Code 7.1-5-1-3 – Public Intoxication Prohibited and IC 35-45-1-3,5Indiana General Assembly. Indiana Code 35-45-1-3 – Disorderly Conduct which carry up to 180 days in jail and a $1,000 fine. If someone has told you a charge is Class C, check the statute cited on the charging document before assuming the lower penalty range applies.
Penalties a Judge Can Impose
The 60-day jail term and $500 fine are ceilings, not mandatory minimums, and judges have discretion to go well below them. What a Class C sentence actually looks like depends on the offense, your record, and whether anyone was harmed.
Fine and Court Costs
The $500 cap covers only the fine itself. Court costs and administrative fees get added on top, covering things like public defender services, court administration, and law enforcement training funds. The judge usually sets the fine with an eye on the seriousness of the conduct and your ability to pay.
Jail
Judges rarely impose the full 60 days on a straightforward Class C case with no aggravating circumstances. Prior criminal history, the nature of the offense, and any violation of a previous sentence push the number up. Judges can also order community service or work release instead of straight incarceration.1Indiana General Assembly. Indiana Code 35-50-3-4 – Class C Misdemeanor
Probation
Courts can suspend part or all of a jail sentence and place you on probation. For a Class C misdemeanor, probation can run up to one year, and the combined jail time and probation period cannot exceed one year total. If the court finds alcohol or drug use was a contributing factor, probation can extend to two years, but anything beyond 12 months requires a report substantiating the need for continued substance abuse treatment.6Indiana General Assembly. Indiana Code 35-50-3-1 – Suspending Sentence; Probation
Probation costs money. Indiana law allows courts to charge an initial probation user’s fee of up to $50, a monthly fee between $10 and $20, and a one-time administrative fee of $50.7Indiana General Assembly. Indiana Code 35-38-2-1 – Conditions of Probation Typical conditions include regular check-ins with a probation officer, counseling or educational programs, and specific behavioral rules. Violate any condition and the court can revoke probation and send you to jail for the remainder of the original sentence.
What a Conviction Costs Beyond the Sentence
The courtroom penalty is only part of the picture. A Class C conviction creates a criminal record, and that record surfaces whenever someone runs a background check.
Employment is the most immediate problem. Many employers screen for criminal history, and the impact is sharpest for jobs requiring professional licenses in healthcare, education, or finance. Licensing boards typically require disclosure of all criminal history, and offenses involving dishonesty or substance abuse draw particular scrutiny. Failing to disclose a conviction when asked is often worse than the conviction itself, because boards have access to the same records as law enforcement.
Housing is the next friction point. Landlords frequently screen applicants, and even a low-level misdemeanor can cost you a lease in a competitive market.
One area where a Class C misdemeanor usually does not cause trouble is firearm rights. The federal prohibition on firearm possession under 18 U.S.C. ยง 922(g)(9) applies only to a “misdemeanor crime of domestic violence.”8Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts An ordinary Class C conviction that does not involve domestic violence does not trigger that bar.
Defending Against the Charge
Low-level does not mean easy to prove. The state still has to establish every element of the offense beyond a reasonable doubt, and several defense strategies can work.
Attacking the Elements
Each Class C statute has specific elements. For driving without a license under IC 9-24-18-1, the state must prove you knowingly or intentionally operated a motor vehicle on a highway and had never received a valid license.3Indiana General Assembly. Indiana Code 9-24-18-1 – Driving Without a License If you once held a valid license that simply expired, that particular statute would not apply. Reading the statutory language against the facts is where many Class C cases are won or lost.
Challenging the Stop or Arrest
If law enforcement lacked probable cause for the stop or arrest, any evidence gathered as a result may be suppressed. Without that evidence, the prosecution often cannot proceed. This defense comes up often in traffic-related Class C cases, where the officer’s basis for the initial stop is the first thing to examine.
Right to a Lawyer
Because a Class C misdemeanor carries possible jail time, you have a constitutional right to an attorney. Under Argersinger v. Hamlin, no person can be imprisoned for any offense unless they were represented by counsel or knowingly waived that right.9Legal Information Institute. Argersinger v. Hamlin, 407 U.S. 25 If you cannot afford one, the court must appoint counsel before sentencing you to any time behind bars.
Getting a Class C Misdemeanor Off Your Record
Indiana lets people convicted of misdemeanors petition for expungement, which seals the conviction from most background checks. The process is governed by IC 35-38-9-2, and the court is required to grant the petition when the conditions are met. It is not discretionary once you qualify.
The earliest you can petition is five years after the date of conviction, unless the prosecuting attorney agrees in writing to a shorter waiting period. The petition goes to a circuit or superior court in the county where you were convicted. The court will grant expungement if all four of the following are true:
- At least five years have passed since the conviction date.
- You have no criminal charges currently pending against you.
- You have paid all fines, fees, court costs, and any restitution ordered as part of the sentence.
- You have not been convicted of any crime in the previous five years.
Two groups cannot use misdemeanor expungement: anyone convicted of two or more unrelated felonies involving a deadly weapon, and registered sex or violent offenders as defined in IC 11-8-8-5.10Indiana General Assembly. Indiana Code 35-38-9-2 – Expunging Misdemeanor Convictions For most people with a standalone Class C conviction who stay out of trouble during the waiting period, expungement is a realistic way to clear the record.