Indiana Misdemeanor Sentencing
In Indiana misdemeanors are divided into three categories:
Class A Misdemeanor: A Class A misdemeanor conviction carries a penalty of imprisonment for a fixed term of up to one (1) year and a fine of up to $5,000.00.
Class B Misdemeanor: A Class B”misdemeanor conviction carries a penalty of imprisonment for a fixed term of up to one hundred eighty (180) days and a fine up to $1000.00.
Class C Misdemeanor: A Class C misdemeanor conviction carries a penalty of imprisonment of not more than sixty (60) days in jail and a fine of up to $500.00. This is the lowest misdemeanor under Indiana Law.
Misdemeanor expungements I.C. 35-38-9-2
If you were convicted of a misdemeanor or a Class D felony that was later reduced to a misdemeanor and it has been more then five years since your conviction date give us a call. Most cases that fall within this section have a “CM” in the case number but not always. If you case falls under this code section and all the requirements have been met, The court is obligated to grant your expungement. The language in the Order is critical to get the governmental agencies to comply. One the agencies receive your well drafted and Judge signed order they will begin to remove the entire case from their databases. All of your civil rights will be restored immediately if they had been stripped previously based on the expunged case. If your misdemeanor was for domestic battery and you want to purchase a firearm there is another hoop you must go through. Duepner Law can help you with that as well. For other requirements and information see the general expungement page.
Arrested but no conviction? I.C. 35-38-9-1
If you were arrested in Indiana and charged with a crime but the case was dismissed, remember that case will always be out there until you expunge it. This applies to cases that you completed a diversion program. Indiana law does provide an avenue to expunge your arrest records and Duepner Law would be glad to assist you with that. These records can often time be just as damaging as conviction records because most people do not take the time to read through the case to see if was dismissed. Often times people believe you are guilty just because you were arrested. If you want it sealed we would be glad to help. Good news is there is no filing fee associated with this type of expungement.
Want an Indiana traffic ticket expunged? I. C 34-28-5-15
Traffic tickets can be expunged in Indiana but under a different law and different process. It will be sealed from all non criminal justice databases, however the current position is that the BMV will not expunge them. So if you are seeking this for CDL purposes it wont be to beneficial for you. It will be removed from many other databases. This is a less expensive process than a conviction expungement and can be done usually quicker. Your case must be of a “IF” case type. Look at the case number for the IF.
We handle expungements in all Indiana Counties!!!