Level 6 Felony Reduction to Misdemeanor in Indiana: Alternative Misdemeanor Sentencing Guide
If you've been convicted of a Level 6 felony in Evansville, Rockport, Tell City, or anywhere in Indiana, you may have options to reduce that conviction to a misdemeanor through a process called Alternative Misdemeanor Sentencing (AMS).
This legal pathway can dramatically improve your employment prospects, restore certain rights, and reduce the long-term consequences of a felony conviction. Understanding Indiana's Level 6 felony reduction process is crucial for anyone seeking to move forward from past mistakes and rebuild their life. The stakes are high—success means transforming a felony conviction into a misdemeanor, while failure means the felony remains on your record permanently.
What Is Alternative Misdemeanor Sentencing (AMS)?
Alternative Misdemeanor Sentencing is a legal process governed by Indiana Code 35-50-2-7 that allows certain Level 6 felony convictions to be reduced to misdemeanors. This process recognizes that some individuals who committed lower-level felonies deserve a second chance after demonstrating rehabilitation and law-abiding behavior.
AMS is not automatic—it requires meeting strict eligibility criteria, following specific procedures, and often obtaining prosecutorial consent. The process involves judicial discretion, meaning courts carefully evaluate each case based on individual circumstances and statutory requirements.
Legal Framework and Requirements Under IC 35-50-2-7
Indiana's AMS statute establishes a comprehensive framework for felony reduction that balances public safety concerns with rehabilitation goals. The law requires petitioners to demonstrate sustained rehabilitation over time before becoming eligible for relief.
Strict Eligibility Requirements
To qualify for Level 6 felony reduction to misdemeanor in Indiana, you must meet several non-negotiable criteria:
Prohibited Conviction Types:
Cannot be a sex or violent offender as defined in Indiana Code 11-8-8-5
Cannot have been convicted of a felony that resulted in bodily injury to another person
Cannot have been convicted of perjury, official misconduct, or domestic battery as a Level 6 felony within 15 years preceding the current offense
Time and Behavior Requirements:
At least three years must have passed since completing your sentence and satisfying all obligations
Cannot have been convicted of any felony since completing the original sentence
Cannot have any pending criminal charges at the time of petition
As established in Brackenridge v. State (236 N.E.3d 684), these requirements are strictly enforced, and failure to meet any single criterion will result in petition denial.
Timing of Petition Requirements
The timing of your AMS petition is critical and can determine success or failure. Under Indiana Code 35-50-2-7, you can only file a petition after:
Complete Sentence Satisfaction: You must have fully completed your sentence, including any probation, parole, community service, or other court-ordered obligations
Three-Year Waiting Period: At least three years must elapse from the date you completed your sentence and satisfied all obligations
Clean Record Maintenance: During this waiting period, you must remain conviction-free and have no pending charges
Your petition must be verified and include specific information such as:
The crime of conviction
Date of conviction
Date the sentence was completed
Statement confirming no pending criminal charges
Prosecutorial Consent Requirements
Prosecutorial consent plays a significant role in the AMS process, particularly in certain circumstances outlined in Indiana Code 35-38-1-1.5.
When Consent Is Required
Under the alternative sentencing provision, a court may enter a judgment of conviction as a Level 6 felony with the understanding that it will be converted to a misdemeanor if:
The prosecuting attorney consents to the arrangement
The individual fulfills all conditions set by the court
No violations occur during the conditional period
Consequences of Condition Violations
If you violate court-imposed conditions or commit a new offense during the conditional period, the court may refuse to convert the felony to a misdemeanor. As demonstrated in Manhart v. State (2012 Ind. App. Unpub. LEXIS 1112), courts take condition violations seriously and will deny conversion when individuals fail to comply with requirements.
Impact on Firearm Rights Restoration
One of the most significant considerations for those seeking Level 6 felony reduction is the effect on firearm rights. The relationship between AMS and gun rights restoration is complex and depends on the underlying offense.
Limited Restoration
Under Indiana Code 35-47-4-5, individuals convicted of serious violent felonies are prohibited from possessing firearms. While reducing a Level 6 felony to a misdemeanor removes the felony designation, it does not automatically restore firearm rights if the underlying offense falls under the category of serious violent felonies.
As clarified in Brackenridge v. State, even after successful reduction to a misdemeanor, firearm rights may remain restricted depending on the nature of the original offense. This means you may need additional legal procedures to fully restore your Second Amendment rights.
The Three-Year Waiting Period's Impact
The mandatory three-year waiting period significantly affects individuals with prior convictions, serving multiple purposes in the rehabilitation process.
Demonstration of Rehabilitation
The waiting period ensures that individuals demonstrate sustained law-abiding behavior before becoming eligible for relief. This requirement reflects the legislature's belief that true rehabilitation takes time and consistent behavior patterns.
For individuals with prior convictions, this period can be particularly challenging as they must:
Avoid any new criminal charges
Complete all sentence obligations
Maintain stable employment and housing
Demonstrate community ties and responsibility
Limited Eligibility for Certain Offenses
The statute specifically disallows AMS for individuals convicted of violent offenses or felonies resulting in bodily injury, further limiting eligibility for those with serious prior convictions. This restriction acknowledges that some offenses require enhanced consequences regardless of subsequent rehabilitation efforts.
Legal Consequences of Violating AMS Conditions
Violating court-imposed conditions for AMS can have severe and lasting consequences that affect your entire future.
Denial of Conversion
Under Indiana Code 35-38-1-1.5, courts are not required to convert a Level 6 felony to a misdemeanor if you violate any court-imposed conditions or commit a new offense before the conditions expire. This means:
The original felony conviction remains intact
You lose the opportunity for future reduction attempts
Additional penalties may apply for the new violation
Employment and housing opportunities remain limited
Judicial Discretion in Enforcement
Courts have broad discretion in determining whether condition violations warrant denial of conversion. Factors considered include:
Severity of the violation
Timing of the violation
Overall compliance pattern
Impact on community safety
Employment Opportunities After Felony Reduction
Successfully reducing a Level 6 felony to a misdemeanor can dramatically improve your employment prospects in Indiana.
Reduced Background Check Impact
A misdemeanor conviction generally carries significantly less stigma than a felony conviction, making it easier to:
Pass employer background checks
Qualify for professional licenses
Access educational opportunities
Obtain housing approvals
Expungement Eligibility
Individuals with reduced convictions may become eligible for expungement after five years. According to Gulzar v. State (148 N.E.3d 971), the five-year waiting period for expungement begins from the date of the original felony conviction, even if later reduced to a misdemeanor.
Industry-Specific Limitations
Despite reduction benefits, certain professions or industries may still impose restrictions based on the nature of the original offense. Under Indiana Code 16-28-13-3, some healthcare and professional licensing boards maintain their own standards that may not recognize the reduction.
Practical Steps for Seeking AMS
If you believe you qualify for Level 6 felony reduction, taking the right steps is crucial for success.
Initial Evaluation
Before filing a petition, conduct a thorough review of your eligibility:
Calculate exact timing since sentence completion
Verify no pending charges exist
Gather documentation of rehabilitation efforts
Assess the nature of your original conviction
Documentation Requirements
Prepare comprehensive documentation including:
Complete criminal history records
Proof of sentence completion
Evidence of rehabilitation efforts
Employment and community involvement records
Character references from employers and community members
Professional Legal Assistance
Given the complexity of AMS proceedings and the high stakes involved, professional legal representation is strongly recommended. An experienced criminal defense attorney can:
Evaluate your eligibility accurately
Prepare compelling petition documents
Navigate prosecutorial negotiations
Present your case effectively to the court
Why Choose Our Firm for AMS Representation
As a retired FBI agent with 23 years of experience, I bring unique insight into both the criminal justice system and rehabilitation processes. Our practice in Evansville and Rockport understands the local courts and prosecutors who handle AMS petitions.
We offer a personalized approach to each AMS case, recognizing that every client's situation is unique. Our comprehensive evaluation process helps identify the strongest arguments for your petition while addressing potential obstacles before they arise.
Our Services Include:
Complete eligibility assessment
Document preparation and filing
Prosecutorial negotiations when applicable
Court representation throughout the process
Post-reduction guidance on expungement opportunities
Contact Us for AMS Consultation
If you're seeking to reduce a Level 6 felony to a misdemeanor in Evansville, Rockport, Tell City, or Boonville, contact our office at (812) 301-6221 for a comprehensive consultation. We offer financing and credit card payment options and are available by phone, email, text, or online chat.
Don't let a Level 6 felony conviction define your future when legal options may be available to reduce its impact. The AMS process requires careful navigation of complex legal requirements, but success can transform your life and opportunities.
Remember: Time limits and eligibility windows are strict in AMS cases. The sooner you explore your options, the better positioned you'll be for success.
This blog post is for informational purposes only and does not constitute legal advice. Every case is unique, and outcomes depend on specific circumstances. Contact our office to discuss your particular situation.
