Understanding the Criminal Justice System
A felony conviction changes everything. It affects where you can work, where you can live, and what opportunities you’ll have access to for years to come. But here’s something many people don’t know: in certain situations, Indiana law allows a Level 6 felony conviction to be converted into a Class A misdemeanor.
This legal process, called Alternative Misdemeanor Sentencing, gives people a real chance to reduce the lasting impact of a conviction. It’s not expungement, and your record won’t disappear. But the difference between having a felony and a misdemeanor on your background check can determine whether you get that job interview, secure an apartment, or obtain a professional license.
Alternative Misdemeanor Sentencing (AMS) is a provision under Indiana Code 35-38-1-1.5 that allows courts to enter a conviction as a Level 6 felony with specific conditions attached. If you complete those conditions successfully, your conviction automatically converts to a Class A misdemeanor.
Think of it as earning your way to a lesser conviction. You plead guilty to the Level 6 felony, the court sets requirements you must fulfill, and when you complete everything, the felony becomes a misdemeanor without requiring another hearing or petition.
The conviction doesn’t disappear from your criminal record. What changes is the classification. Instead of showing a felony conviction on background checks, it shows as a misdemeanor. That distinction matters when you’re applying for jobs, seeking housing, or trying to obtain professional licenses.
Alternative misdemeanor sentencing happens during your sentencing hearing, not months or years later. When you’re facing a Level 6 felony charge, your attorney negotiates with the prosecutor and requests that the court use this sentencing option.
For AMS to work, everyone involved must agree. The prosecutor has to consent to the arrangement. The judge must approve it. And you must plead guilty to the Level 6 felony charge with the understanding that conditions will be attached.
Without the prosecutor’s consent, alternative misdemeanor sentencing won’t happen. This is why having an attorney who can effectively present your case matters. Your lawyer needs to show the prosecutor why you’re a good candidate and why this arrangement serves the interests of justice.
The court sets specific conditions you must fulfill within a designated timeframe, usually one to three years. These conditions vary depending on your case but commonly include:
The conditions are tailored to your specific situation. Someone convicted of drug possession might need to complete a treatment program. Someone convicted of theft might need to pay restitution and perform community service.
If you fulfill all conditions within the timeframe the court sets, your Level 6 felony conviction automatically converts to a Class A misdemeanor. You don’t file additional paperwork. You don’t appear for another hearing. The conversion happens as part of the original sentencing agreement.
The court enters an order changing your conviction, and that order becomes part of your official record. From that point forward, your conviction shows as a Class A misdemeanor.
According to Indiana Code 35-38-1-1.5(c), the court cannot convert your conviction if you commit a new offense before completing the conditions. Even a minor arrest derails the entire arrangement.
Failing to complete any required condition also prevents conversion. If you don’t finish your treatment program, miss too many probation appointments, or fail to pay restitution, your conviction remains a Level 6 felony permanently.
There are no second chances with alternative misdemeanor sentencing. You get one opportunity to complete the conditions. If you don’t succeed, the felony stays on your record.
Alternative misdemeanor sentencing is available only for specific felony charges and requires cooperation from the prosecutor and court.
Only Level 6 felonies qualify for alternative misdemeanor sentencing. If you’re charged with a Level 5, Level 4, or any higher-level felony, this option isn’t available under Indiana law.
Level 6 felonies are the lowest tier of felony offenses in Indiana. They carry potential sentences ranging from six months to two and a half years. Because these are the least serious felonies, the legislature created this pathway to reduce them.
Even though Indiana Code 35-38-1-1.5 doesn’t explicitly exclude specific crimes, prosecutors have full discretion to refuse consent for alternative misdemeanor sentencing. As a practical matter, certain types of offenses rarely receive this consideration.
Violent crimes, sex offenses, and crimes involving weapons are unlikely candidates for AMS, even when charged as Level 6 felonies. Prosecutors typically resist these arrangements in such cases due to public safety concerns.
Drug possession, theft, fraud, and property crimes are more commonly eligible. First-time offenders have better chances than people with prior criminal records.
When deciding whether to consent to alternative misdemeanor sentencing, prosecutors evaluate several factors:
The more you can demonstrate that you’re serious about rehabilitation and that you present a low risk for reoffending, the better your chances of obtaining prosecutor consent.
While every case is different, certain Level 6 felonies are more commonly eligible for alternative misdemeanor sentencing than others.
You cannot wait until after you’ve been convicted and sentenced to request alternative misdemeanor sentencing. This option must be part of your original plea agreement and sentencing.
The negotiation for AMS should happen before you enter a guilty plea. Once you’ve pleaded guilty and been sentenced as a straight felony without conditions, you cannot go back and request this option later. Your attorney needs to discuss alternative misdemeanor sentencing with the prosecutor early in your case.
When your Level 6 felony successfully converts to a Class A misdemeanor, you’ll notice the difference in several areas of your life.
Employment Applications become easier because many companies have policies against hiring people with felonies but will consider applicants with misdemeanors.
Professional Licensing becomes more accessible. Many licensing boards have strict policies about felonies but will consider applicants with misdemeanors on a case-by-case basis.
Housing Opportunities improve since many landlords have policies against leasing to anyone with felony convictions.
Educational Access and federal financial aid programs have restrictions related to drug felonies that may not apply to misdemeanors.
Firearm Rights may be restored, as federal law prohibits people convicted of felonies from possessing firearms. However, firearms laws are complicated, so get specific legal advice before attempting to purchase or possess a firearm.
Voting Rights in Indiana aren’t affected by misdemeanors. People convicted of felonies lose their voting rights while incarcerated, but those rights are automatically restored upon completing their sentence.
People sometimes lose their opportunity for a misdemeanor conviction by making preventable mistakes during the conditional period.
People often confuse these two legal processes, but they work differently and accomplish different things.
Alternative misdemeanor sentencing changes your conviction from a Level 6 felony to a Class A misdemeanor. The conviction still exists on your record. It just appears as a misdemeanor instead of a felony.
When someone runs a background check, they’ll see that you were convicted of a crime. The difference is that it shows as a misdemeanor rather than a felony.
Expungement is a separate legal process that seals or removes your criminal record so it doesn’t appear on most background checks. After expungement, you can legally say you weren’t convicted in most situations (though there are some exceptions for specific types of employment or licensing).
Some people use alternative misdemeanor sentencing as a stepping stone toward eventual expungement. Once your conviction is reduced to a misdemeanor, you may later become eligible to have that misdemeanor expunged.
Indiana’s expungement law has specific waiting periods and eligibility requirements. Generally, misdemeanor expungements have shorter waiting periods than felony expungements, which is another benefit of having your conviction reduced.
Since the prosecutor must consent to alternative misdemeanor sentencing, your attorney’s ability to present a compelling case for why you deserve this opportunity is essential.
Your attorney can strengthen your case by gathering evidence that demonstrates you’re taking responsibility and working toward rehabilitation:
Prosecutors want to know that granting alternative misdemeanor sentencing won’t put the community at risk. They want to see that you’re likely to complete the conditions successfully and that you understand the seriousness of what you did.
Your attorney can address these concerns by showing that you have a support system in place, that you’re addressing any underlying issues (substance abuse, mental health, anger management), and that you have a plan for staying on track.
If your offense involved victims, the prosecutor will consider their views. Victims have a right to be heard in the criminal process. If victims strongly oppose alternative misdemeanor sentencing, it’s less likely to happen.
Making efforts toward restitution before sentencing can help. Showing genuine remorse and taking responsibility for the harm you caused matters to both prosecutors and victims.
If you’ve already been convicted of a Level 6 felony and sentenced without alternative misdemeanor sentencing, you cannot go back and request it now. AMS must be part of your original sentencing.
However, you may have other options depending on your circumstances.
Indiana law allows courts to modify sentences in limited situations. While this is different from converting a felony to a misdemeanor, it may be possible to request changes to your sentence if appropriate grounds exist.
Depending on how long ago your conviction occurred and whether you meet all eligibility requirements, you may be able to pursue expungement. Indiana’s expungement law allows certain felonies to be sealed after specific waiting periods.
Expungement requirements include completing your entire sentence, maintaining a clean record for the required waiting period, and meeting other statutory criteria.
Indiana’s governor has the constitutional authority to grant pardons. While pardons are difficult to obtain and require a thorough application process showing sustained rehabilitation over many years, they remain an option for people who have demonstrated significant life changes.
How long do I have to complete the conditions?
The court sets the timeframe as part of your sentencing. It varies by case but typically ranges from one to three years, depending on the nature of the conditions and what’s reasonable to accomplish them. The court considers what you need to complete and builds in adequate time.
What if I complete most conditions but not all of them?
Partial completion doesn’t count. You must fulfill every single condition within the timeframe set by the court. If you don’t complete everything, your conviction remains a Level 6 felony. If you’re struggling to meet a condition, talk to your attorney immediately to see if the court might grant an extension or modify requirements.
Can I request this if I’ve already been convicted?
No. Alternative misdemeanor sentencing must be part of your original sentencing. If you’ve already been sentenced without this arrangement, you cannot go back and request it later. This is why discussing this option with your attorney early in your case is so important.
Will my reduced conviction still show on background checks?
Yes. Alternative misdemeanor sentencing converts your conviction from a felony to a misdemeanor, but it doesn’t erase it from your record. Background checks will still show that you have a criminal conviction. It will just appear as a Class A misdemeanor instead of a Level 6 felony.
Is this the same as getting my record expunged?
No. They’re completely different legal processes. Alternative misdemeanor sentencing changes the level of your conviction from a felony to a misdemeanor. Expungement seals or removes your record so it doesn’t appear on most background checks. You may eventually be eligible to pursue expungement of your misdemeanor conviction, but that’s a separate process with its own requirements.
Do I need an attorney for this?
While not legally required, having an attorney is highly advisable. Alternative misdemeanor sentencing requires negotiation with the prosecutor and presentation of a strong case to the judge. An attorney who handles these cases regularly knows how to build compelling arguments and effectively work with prosecutors to obtain consent.
If you’re facing Level 6 felony charges in Indianapolis and want to know whether alternative misdemeanor sentencing might be possible in your case, Razumich & Associates, PLLC can help. We handle felony cases throughout the Indianapolis area and work to obtain the best possible outcomes for our clients.
We’ll review your charges, assess whether alternative misdemeanor sentencing is realistic given your circumstances, and work to build the strongest possible case for why this option serves the interests of justice in your situation. If alternative misdemeanor sentencing isn’t available, we’ll advise you of other strategies for minimizing the impact of a conviction.
A felony conviction affects your life for years. Alternative misdemeanor sentencing can reduce those consequences and give you a better chance at moving forward. Contact Razumich & Associates, PLLC today to schedule your free consultation and discuss your options. We’re here to fight for your best possible future.
