Indiana Misdemeanors

In Indiana, misdemeanors are less severe criminal offenses punishable by a maximum of 12 months in prison and up to $5,000 in fines.

What Is a Misdemeanor in Indiana?

In Indiana, misdemeanors are considered criminal offenses that can result in a maximum sentence of 12 months in jail and fines of up to $5,000. They are not as severe as felonies, which is why the penalties for misdemeanors are generally lighter. The severity of misdemeanors can differ. For example, some misdemeanor offenses, such as battery and theft, attract severe penalties. On the other hand, some misdemeanors do not even result in jail time.

TheIndiana criminal code outlines the severity of the punishment for a misdemeanor offense.

Indiana divides misdemeanors into three main categories: Class A, B, and C.Misdemeanors in Indiana are categorized according to the level of harm or loss experienced by the victim and the specific details surrounding the crime.

Misdemeanor Classes and Penalties in Indiana

Indiana sets penalties by class in the sentencing chapter for misdemeanors:

• Class A misdemeanor: This is the most serious misdemeanor in Indiana. It is punishable by up to 1 year in county jail and up to $5,000 in fines.
• Class B misdemeanor: This class of offense is punishable by up to 180 days in jail and up to $1,000 in fines.
• Class C misdemeanor: This is the least severe misdemeanor in the state. Anyone guilty of a Class C misdemeanor may face up to 60 days in jail and up to $500 in fines.

In Indiana, courts may suspend a misdemeanor sentence and impose probation under the general probation statute. Judges can also order restitution, counseling/treatment, community service, license consequences, and other conditions authorized by law.

Misdemeanor Court Process in Indiana

In Indiana, most criminal cases are taken to the county’s trial courts, specifically the Circuit and Superior Courts.These courts handle all criminal matters and also hear appeals from city and town courts.

Typical sequence.

1. Arrest or citation. Law enforcement either arrests someone or gives them a summons or complaint.
2. Initial hearing (arraignment). During this hearing, the judge informs the defendant of the charges and their rights and sets conditions for release. If jail time is a possibility and the defendant cannot afford a lawyer, a public defender can be appointed.
3. Pre-trial. This phase encompasses discovery, motions, plea negotiations, and any options for diversion or treatment that occur in the trial court.
4. Trial or plea. Misdemeanor cases can be tried by either a jury or a judge, depending on the request and the court's procedures.
5. Sentencing. If there is a conviction or a plea, the judge will impose a sentence within the legal limits for that class of crime. The judge may also order probation, restitution, or participation in programs. Any jail time served will be in the county jail.

Misdemeanor Records in Major Indiana Cities

Indiana has a public case portal calledMyCase (Odyssey) that covers most trial courts in the state. You can search using a name or case number. Search results may include action registers, upcoming hearings, and financial details. The availability of information can vary depending on the court and type of case, and the official record is maintained in the clerk's office.

• Indianapolis (Marion County). You can look up criminal and traffic cases on MyCase. Many entries display hearing history and any outstanding balances. The county uses Odyssey for managing cases and finances.
• Fort Wayne (Allen County). Allen County also uses the MyCase system. Misdemeanor dockets are typically available for public viewing, unless they are confidential.
• Evansville (Vanderburgh County). Vanderburgh County criminal records are available through the MyCase portal. You can search records by party or case number.

How to Search for Misdemeanor Records in Indiana

You can find misdemeanor records in Indiana by taking the following steps:

1. Go to MyCase. Visit the MyCase portal and select Smart Search. You can begin your search by providing a case number or party name. You can also filter your search by county and case type to get more specific results.
2. What you’ll see. Search results may display charges/statutes, hearing dates, minute entries, outcomes, sentencing details, and financial information. A lot of courts offer free PDF access to certain filings.
3. If it isn’t online. Contact theCircuit or Superior Court Clerk for certified copies, older documents, or notices about sealed cases.

How Long Does a Misdemeanor Stay on Your Record in Indiana?

In Indiana, misdemeanor convictions are not automatically erased just because time has passed. Instead, the state has a detailed expungement/sealing law, often referred to as the 'Second Chance' statute. This allows individuals to seek relief through a petition.

Arrests or charges that did not result in a conviction can be expunged after one year, provided there are no pending charges or convictions. Petitions must be submitted in the county where the arrest occurred or where the charges were filed.

Misdemeanor convictions are eligible for a petition after five years from the conviction date,as long as all sentence requirements are fulfilled, there are no pending charges, and you meet the other conditions set by the statute. This relief typically seals court and agency records from public access, although law enforcement may still be able to view them.

Petitions must be verified and submitted to the circuit or superior court of the county where the criminal case was initiated. Although local practices can differ, the Judicial Branch provides detailed guidance for filing in trial courts.

If a misdemeanor is not successfully expunged or sealed,it can stay visible to the public forever. However, with the help of IC 35-38-9, public access is limited.