Can a Level 6 Felony Be Reduced to a Misdemeanor in Indiana?

A Level 6 felony is Indiana's lowest felony level, but it is still a felony. A conviction can affect employment, housing, licensing, and other opportunities long after the criminal case ends.

Some Level 6 felonies can be reduced to Class A misdemeanors, but not every conviction qualifies. Indiana law provides different routes depending on whether you are being sentenced, negotiating a conditional conversion, or seeking relief after completing your sentence. Those routes have different requirements. Completing probation does not automatically change a felony into a misdemeanor.

What Is the Difference Between a Level 6 Felony and a Class A Misdemeanor?

Under Indiana Code 35-50-2-7, a Level 6 felony carries a sentencing range of six months to two and one-half years, with an advisory sentence of one year, and a possible fine of up to $10,000.

A Class A misdemeanor is a different classification with lower maximum incarceration exposure. Changing the judgment can be important, but a misdemeanor is still a criminal conviction. Reduction should not be confused with dismissal, an acquittal, or a court order sealing the record.

Route One: Misdemeanor Treatment at Sentencing

Indiana Code 35-50-2-7(c) allows a judge, in eligible cases, to enter a Class A misdemeanor judgment even though the person committed a Level 6 felony. You may hear this called alternative misdemeanor sentencing, or AMS.

The court has discretion; eligibility does not require the judge to grant it. The statute also requires the judge to put detailed reasons for granting misdemeanor treatment in the record.

Section 7(c) requires a felony judgment in specified circumstances, including:

A prior unrelated felony that was entered as a Class A misdemeanor when that prior felony was committed less than three years before the new felony.
Domestic battery charged at the Class D or Level 6 felony level.
The child sex abuse material offenses specified in the statute, including its distinction for offenses before and after July 1, 2026.

The exact conviction statute and the dates matter. An attorney should evaluate eligibility alongside the evidence, criminal history, and any proposed plea agreement—not assume that every first-time Level 6 defendant can receive a misdemeanor.

Route Two: An Agreed Conversion After Completing Conditions

Indiana Code 35-38-1-1.5 permits a court to enter a Level 6 felony judgment with an express provision that it will become a Class A misdemeanor if agreed conditions are fulfilled.

This route requires:

A guilty plea to a Level 6 felony that qualifies for misdemeanor consideration under Indiana Code 35-50-2-7.
The prosecutor's consent.
Agreement among the court, prosecutor, and defendant about the conditions.

Conditions might involve successful completion of probation, treatment, or other requirements stated in the agreement and order. The actual written terms—not a general expectation that you will “get it reduced later”—are critical.

The statute directs the court to enter the misdemeanor judgment when the conditions are fulfilled. But after a hearing, the court need not convert the conviction if a condition was violated or the time allowed expired before all conditions were completed. The statute prohibits conversion under this provision if the person commits a new offense before the conditions expire.

This procedure also does not change the application of a statute requiring suspension of driving privileges. If you are evaluating an OWI-related plea, the criminal classification and license consequences need separate attention.

Read more about plea bargaining in Indiana criminal cases before relying on a proposed future reduction.

Route Three: A Petition After Completing the Sentence

Someone whose conviction remains a Level 6 felony may qualify for a later conversion under Indiana Code 35-50-2-7(d). That provision also addresses older Class D felony convictions.

This route requires a verified petition to the sentencing court and a hearing with notice to the prosecutor. The court must make all of the following findings:

The person is not a sex or violent offender as defined in Indiana Code 11-8-8-5.
The Class D or Level 6 felony being reduced did not result in bodily injury to another person.
The person has not been convicted of the perjury or official misconduct offenses identified in the statute.
The person has no Class D or Level 6 felony domestic battery conviction in the 15-year period immediately preceding commission of the offense being considered for reduction.
At least three years have passed since completion of the sentence and satisfaction of every other obligation imposed as part of that sentence.
The person has not been convicted of a felony since completing the sentence and satisfying those obligations.
No criminal charges are pending against the person.

The three-year period is not simply three years from conviction. If probation or another sentencing obligation ended later, that later completion matters. For example, assuming all other requirements are met, someone who finished probation and satisfied the last sentencing obligation on October 3, 2023, would reach the three-year point on October 3, 2026.

The verified petition must identify the offense, conviction date, sentence-completion date, sentencing obligations, when those obligations were satisfied, and the absence of pending criminal charges. Meeting the requirements permits the court to consider conversion; section 7(d) does not make approval automatic.

Can a Later Conviction Undo the Reduction?

Yes, potentially. Under section 7(f), if a person receives a conversion under section 7(d) and is convicted of a felony within five years after that conversion, a prosecutor may petition to convert the misdemeanor back to a felony.

That is a specific rule for the post-sentence conversion route. It should not be confused with the conditions governing an agreed conversion under section 35-38-1-1.5.

Is Felony Reduction the Same as Expungement?

No. Reduction changes the classification of the judgment. Expungement concerns the treatment and accessibility of criminal records under a separate statute.

A reduced conviction does not simply disappear from a background check. A separate expungement analysis may still be necessary, including the applicable waiting period and your complete criminal history. Do not assume a reduction automatically restores firearm rights or eliminates immigration or professional-license consequences; those issues require their own review.

Our Indiana expungement overview explains that separate form of relief.

What Should I Bring to a Consultation?

Bring the charging information, plea agreement, sentencing order, probation discharge paperwork, and records showing when sentencing obligations were satisfied. Also disclose other convictions and any pending charges. Those details help identify which route, if any, applies.

Call Mo Today

Whether you are facing a new Level 6 charge or trying to address an old conviction, the first step is to determine the available legal procedure. Mo can review the judgment and your history, explain the restrictions, and help you evaluate your options without promising a result the law does not guarantee.

Call (347) 889-4944 or schedule a consultation with Mo AlMahareeq Law.

This article provides general information, not legal advice for a particular conviction. The offense date, judgment, and applicable law can change the analysis. Legal sources checked October 3, 2026.