What Is a Level 3 Felony in Indiana: Sentence, Credit Time, and Expungement

A Level 3 felony in Indiana is the fourth most serious criminal classification in the state’s six-tier felony system, punishable by three to 16 years in prison and a fine of up to $10,000.¹ Common examples include aggravated battery, robbery causing bodily injury, child molesting, and dealing larger quantities of controlled substances. The sentence is only part of the picture: a conviction also strips firearm rights, can trigger deportation for non-citizens, and shows up on background checks for years.

The Sentence: Range, Advisory, and Fine

Indiana sets the prison term for a Level 3 felony between three and 16 years, with an advisory sentence of nine years.¹ The advisory is a starting point for the judge, not a default. Where the final sentence lands inside that window depends on the facts of the case and what the judge makes of them.

The court can also impose a fine of up to $10,000 on top of prison time.¹ Restitution to the victim is ordered separately and can push the total financial hit well past that cap.

How Much Time You Actually Serve

A Level 3 sentence does not always mean the full term behind bars. Indiana judges can suspend part of the sentence and place a defendant on probation, but prior record changes the math.

With no prior unrelated felony conviction, the judge has broad discretion to suspend any portion of the sentence. With a prior unrelated felony on the record, the court can only suspend the part of the sentence that exceeds the three-year minimum.² A repeat offender will serve at least three years no matter what. A first-time offender might serve considerably less if the judge finds the circumstances justify it.

Indiana also runs a credit time system that can shorten the actual stay. Inmates earn good-time credit based on their assigned credit class, with the top class earning one day of credit for each day served. Credit class depends on the offense and on behavior inside, so release dates vary from case to case.

Crimes That Qualify as a Level 3 Felony

Indiana classifies a wide range of offenses at this level. The common thread is significant harm to another person or trafficking in meaningful quantities of controlled substances.

Aggravated battery: knowingly or intentionally inflicting injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in the protracted loss of function of a bodily organ.³
Robbery causing bodily injury: taking property by force or threat where the robbery results in bodily injury to someone other than the defendant. If the injury is serious, the charge rises to a Level 2 felony. Armed robbery, committed while carrying a deadly weapon, also qualifies at this level even without injury.⁴
Child molesting: knowingly or intentionally engaging in sexual intercourse or other sexual conduct with a child under 14.⁵
Dealing a Schedule I, II, or III controlled substance in an amount of at least 10 grams but less than 28 grams, or at least five grams with an enhancing circumstance such as a prior drug conviction.⁶
Resisting law enforcement by operating a vehicle in a manner that causes the death or catastrophic injury of another person.⁷

What Moves the Sentence Up or Down

The nine-year advisory is a midpoint, not a destination. Judges weigh aggravating circumstances that push the sentence higher and mitigating circumstances that pull it lower.⁸

Common aggravators include a history of criminal or delinquent behavior, a victim under 12 or at least 65, harm exceeding what was necessary to commit the offense, commission of the crime in front of a child under 18, and violation of a protective order or abuse of a position of care or control over the victim. The statute lists more than a dozen possible aggravators, and a single strong one can push a sentence well above the advisory.

On the other side, mitigators include no prior record or a long period of law-abiding life before the offense, strong provocation, restitution made or planned, and a character and attitude suggesting the offense is unlikely to be repeated. Mitigation can bring a sentence closer to the three-year floor, though no single factor guarantees a shorter term.

Consequences That Follow You After Release

The prison term and fine are the immediate penalties. The collateral consequences often disrupt daily life for longer.

Firearm Rights

Federal law permanently bars anyone convicted of a crime punishable by more than one year of imprisonment from possessing a firearm or ammunition.⁹ Every Level 3 felony clears that threshold. Indiana goes further for certain offenses: if the Level 3 conviction was aggravated battery, robbery, or child molesting, you are classified as a serious violent felon, and possessing a firearm afterward is a separate Level 4 felony carrying two to 12 years in prison.¹⁰

Immigration

For non-citizens, a Level 3 felony can trigger deportation or make you permanently inadmissible. Federal immigration law defines aggravated felony broadly, and many Level 3 offenses fall within that definition, including crimes of violence with a sentence of at least one year, drug trafficking, robbery, and sexual abuse of a minor.¹¹ An aggravated felony classification makes a person ineligible for most forms of relief from removal, including asylum. If you are not a U.S. citizen and face a Level 3 charge, the immigration exposure may be as severe as the criminal exposure.

Voting

Indiana suspends voting rights only while you are incarcerated. Once released, your right to vote is automatically restored. There’s no petition to file; you simply re-register. People on probation or parole after release are eligible to vote.

Employment and Housing

Indiana does not prohibit employers from asking about felony convictions, and most background checks will surface a Level 3. Certain professional licenses, including those in healthcare, education, and law enforcement, may be denied or revoked. Landlords routinely screen for felony records, which makes housing harder to secure after release.

Expunging a Level 3 Felony

Indiana allows people with Level 3 convictions to petition for expungement, which seals the record from most public access. It isn’t automatic, and the court has discretion to grant or deny.

The waiting period is the later of two dates: eight years from the date of conviction, or three years after completing the entire sentence, including probation or parole. A prosecutor can consent in writing to an earlier petition, but that’s uncommon.¹²

To be eligible you must have no criminal charges pending, must have paid all fines, fees, court costs, and restitution in full, and must have no felony or misdemeanor convictions in the eight years before the petition. Even when every condition is met, the statute says the court “may” grant expungement, so the judge keeps discretion.¹² Certain offenses, particularly sex crimes and official misconduct, face additional restrictions or outright ineligibility under separate provisions. Check those exclusion sections before filing if your conviction involved one of those offenses.

Expungement doesn’t erase the conviction. Law enforcement and certain government agencies can still see sealed records. For most employment and housing background checks, though, the conviction no longer appears, and that removes the single biggest barrier people face after their sentence ends.

1
Indiana General Assembly. Indiana Code 35-50-2-5 – Class B Felony; Level 3 Felony
2
Indiana General Assembly. Indiana Code 35-50-2-2.2 – Suspension of a Sentence for a Felony
3
Indiana General Assembly. Indiana Code 35-42-2-1.5 – Aggravated Battery
4
Indiana General Assembly. Indiana Code 35-42-5-1 – Robbery
5
Indiana General Assembly. Indiana Code 35-42-4-3 – Child Molesting
6
Indiana General Assembly. Indiana Code 35-48-4-2 – Dealing in a Schedule I, II, or III Controlled Substance
7
Indiana General Assembly. Indiana Code 35-44.1-3-1 – Resisting Law Enforcement
8
Indiana General Assembly. Indiana Code 35-38-1-7.1 – Considerations in Imposing Sentence
9
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
10
Indiana General Assembly. Indiana Code 35-47-4-5 – Unlawful Possession of Firearm by Serious Violent Felon
11
Legal Information Institute. 8 USC 1101 – Definitions
12
Indiana General Assembly. Indiana Code 35-38-9-4 – Expunging Certain Less Serious Felony Convictions