In Indiana, a motion to reduce a felony to a misdemeanor is a verified petition filed under Indiana Code 35-50-2-7(d), asking the sentencing court to convert a Level 6 felony conviction (or an older Class D felony from before July 1, 2014) into a Class A misdemeanor. You can file it once at least three years have passed since you finished every part of your sentence, and only if you meet six other statutory conditions. A granted petition does not erase the conviction, but it reclassifies it, which removes many of the barriers that felony records create for jobs, housing, and licensing.
Who Can File
The court must make seven specific findings before granting a reduction. Miss any one and the petition fails.
- You are not classified as a sex or violent offender under Indiana Code 11-8-8-5.
- The Level 6 felony did not result in bodily injury to another person.
- The conviction is not for perjury or official misconduct.
- You do not have a prior domestic battery conviction as a Class D or Level 6 felony within the fifteen years before the offense you want reduced.
- At least three years have passed since you completed your entire sentence, including fines, restitution, and probation.
- You have not been convicted of any felony since finishing that sentence.
- You have no criminal charges pending.
You may see claims that a prosecutor can agree in writing to waive the three-year wait. That shortcut exists in Indiana’s expungement statute (IC 35-38-9-2), but the reduction statute contains no equivalent language. Treat the three years as a hard floor.
What the Petition Must Contain
Subsection (e) of IC 35-50-2-7 lists the required contents. The petition is verified, meaning you sign it under penalty of perjury. It must state:
- The crime you were convicted of
- The date of your conviction
- The date you completed your sentence
- A description of every obligation imposed as part of your sentence
- The date each of those obligations was satisfied
- A verified statement that no criminal charges are pending against you
Pull supporting documents before you file. A letter from the probation department confirming you completed supervision, receipts for fines and restitution, and a copy of your criminal history all give the court something concrete to rely on at the hearing. The clerk’s office in the court that sentenced you is where you start to track those records down.
Where to File and What the Hearing Looks Like
File with the clerk of the court that handled your original conviction. The statute requires the sentencing court to handle the reduction request, so you cannot shop venues.
The prosecuting attorney’s office must be notified. The court cannot act on your petition until the prosecutor has had notice and a chance to participate. Delivering a copy to the prosecutor’s office is the usual way to accomplish this; the clerk can tell you the local court’s preferred method of service.
A hearing is mandatory. The statute allows conversion only “after conducting a hearing of which the prosecuting attorney has been notified.” Even an unopposed petition requires the judge to hold the hearing and make findings on each of the seven criteria. Walk in prepared to prove every one, with your paperwork organized.
If the Court Grants, and If It Doesn’t
A grant takes effect immediately. Your Level 6 felony becomes a Class A misdemeanor on your record. Background check databases will update over time, and you may need to follow up with specific agencies that run their own files. Employers and landlords running future checks will see a misdemeanor.
The conversion can be undone. If you are convicted of a new felony within five years of the reduction, the prosecutor can petition to convert your misdemeanor back to a felony. Those five years matter.
A denial leaves the conviction as a felony. The judge should explain why, and that reason tells you what, if anything, could be addressed before any future attempt.
Firearm Rights After Reduction
Federal law prohibits firearm possession by anyone convicted of a “crime punishable by imprisonment for a term exceeding one year,” but 18 U.S.C. ยง 921(a)(20) carves out state offenses “classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.” A Class A misdemeanor in Indiana maxes out at one year, which fits inside that exception. The same federal statute also treats convictions that have been expunged, set aside, or had civil rights restored as non-convictions for firearms purposes, unless the restoration expressly bars firearms. This area has real complexity, and if your firearm rights are the reason you are pursuing reduction, talk to a firearms attorney before relying on any general reading.
Expungement as the Next Step
Reduction is often the setup for expungement, not the finish line. Once converted, the reclassified conviction qualifies for expungement under IC 35-38-9-2, which covers misdemeanors and felonies that have been reduced to misdemeanors.
The expungement clock runs five years from the date of your original conviction, not from the date of the reduction. Many petitioners are already past that point by the time the reduction goes through and can file for expungement right away. The expungement statute also allows the prosecutor to consent in writing to a shorter waiting period, which the reduction statute does not.
Expungement does more than reduction. Once records are expunged, Indiana law requires that you be treated as if you were never convicted. Employers, landlords, and licensing agencies cannot lawfully discriminate against you based on the expunged conviction, and civil rights including voting, holding public office, and jury service are formally restored. There is no filing fee for an expungement petition.
If You Are Not a U.S. Citizen
Federal immigration authorities use their own definition of “conviction,” and it does not track Indiana’s reclassification. Under USCIS policy, when a judgment is altered for rehabilitative reasons rather than because of a defect in the underlying criminal proceedings, immigration authorities still treat it as a conviction. An Indiana felony reduction is a rehabilitative measure. USCIS is likely to keep treating the original offense as a conviction for naturalization, removal, and other immigration purposes even after the state court converts it. Work with an immigration attorney before filing if your status could be affected.
Costs
Indiana charges no filing fee for expungement petitions, and some counties handle the reduction petition the same way. Confirm with the clerk where you intend to file rather than assume. A process server to deliver notice to the prosecutor adds a modest fee. Attorney fees vary with the complexity of the case and whether the prosecutor opposes you. The verified petition format is straightforward enough that many people file pro se, but if any of the statutory exclusions are close calls, or the prosecutor signals opposition, an attorney becomes more valuable. A lawyer can also plan the reduction and the follow-up expungement as one coordinated effort instead of two separate filings.