If you are wanting to expunge a Class D or Level 6 felony, Indiana law requires you to wait 8 years after the date of the conviction before you can petition a court for expungement. When first contacted about expunging such a felony, we also investigate if the client is eligible for misdemeanor treatment.

A successful petition for misdemeanor treatment will reduce the felony conviction a Class A misdemeanor. The waiting period to file for expungement is also reduced from 8 years down to 5 years which is the waiting period for a misdemeanor conviction.

A sentencing court may convert a Class D felony conviction or a Level 6 felony conviction to a Class A misdemeanor conviction if:

1. The person is not a sex or violent offender.
2. The person was not convicted of a Class D felony or a Level 6 felony that resulted in bodily injury to another person.
3. The person has not been convicted of perjury or official misconduct.
4. At least three (3) years have passed since the person completed the person’s sentence and satisfied any other obligation imposed on the person as part of the sentence.
5. The person has not been convicted of a felony since the person completed the person’s sentence and satisfied any other obligation imposed on the person as part of the sentence.
6. No criminal charges are pending against the person.

Also, if you signed a written plea agreement, the agreement must be reviewed to determine if you waived your right to seek misdemeanor treatment.

If you find yourself needing to expunge a Class D or Level 6 felony, you should immediately hire an experienced criminal defense lawyer that you can trust such as Steven Knecht to help you fight the State because you have a lot at stake on the outcome.