A criminal conviction in Indiana does not end when the sentence does. It can follow you into your job, your license, your housing, and your custody fight. The record can keep costing you long after court is over, but understanding your rights and your options is the first step toward taking back control. Summerfield-Dandurand Law Group, LLP, Founders of Custom Law explains how a conviction can affect your future and what options may exist to protect your rights.
What Are Collateral Consequences of an Indiana Criminal Conviction?
Collateral consequences are legal and practical effects of a conviction that occur outside the sentence imposed by the court. A judge does not hand them down at your hearing. They show up later, through background checks, licensing boards, and court records that other people can see.
A conviction can remain part of your criminal history unless you qualify for record sealing or expungement under Indiana law. It can block you from a job. It can cost you a license. It can limit where you live, or be used against you in a custody case.
These consequences can reach nearly every part of your life: your job, your professional license, your housing, your parenting time, and, in some cases, your right to own a firearm. Misdemeanors carry them too, not just felonies. A single misdemeanor for a drug charge or a fight can still show up on a background check. It can cost you a job you are otherwise qualified for.
The charge itself is often the first blow. Even an arrest that never leads to a conviction can sit on your record. It can raise questions in a job interview or a custody hearing, unless you take steps to clear it.
The case may be finished in court, but the record can keep creating problems long afterward.
How Are Indiana Criminal Penalties Classified?
Indiana classifies criminal offenses as misdemeanors and felonies. The classification of the offense affects more than the sentence. It can also shape the consequences that follow you after court ends.
Indiana misdemeanors are classified as Class A, Class B, and Class C misdemeanors, with Class A being the most serious. Class A misdemeanors can carry up to one year in jail and fines up to $5,000 under Indiana Code 35-50-3, while lower-level misdemeanors carry lesser penalties.
Felonies are classified from Level 6 through Level 1, along with murder offenses. Sentences under Indiana Code 35-50-2 can range from months in prison to decades or life imprisonment, depending on the offense and circumstances. Felony fines are generally up to $10,000, although other financial penalties, including restitution, may apply.
The level of the offense can affect the consequences that follow a conviction. Some Level 6 felonies may be reduced to misdemeanors through a plea agreement or other legal process, which can later affect eligibility for expungement. Higher-level felonies generally involve longer waiting periods and additional requirements before a person may qualify for record relief.
How Can a Conviction Cost You a Job or a License?
A conviction can cost you opportunities you worked years to earn. Employers and licensing boards may look at your record when deciding whether you can move forward.
Employers may consider criminal history during the hiring process, although restrictions may apply based on the nature of the offense, the position involved, and applicable employment laws. Many employers conduct background checks, especially for jobs involving children, elderly patients, healthcare, financial responsibilities, or other positions with heightened trust requirements. Depending on the circumstances, a conviction can affect whether an employer moves forward with an application, even years after the case is resolved.
If you hold or are pursuing a professional license in areas such as law, nursing, teaching, or accounting, a conviction may create additional challenges. Licensing boards may consider criminal history when reviewing applications or disciplinary matters, although the impact depends on the specific offense, the profession, and applicable licensing rules.
Other consequences can also affect employment. A suspended driver’s license may create problems for jobs that require driving, and certain convictions may create additional barriers in industries with strict safety requirements or employer policies.
What Happens to Your Custody Rights and Parenting Time?
A criminal conviction can become a factor in a custody or parenting time case, but it does not automatically mean you will lose custody or have your parenting time reduced.
Indiana courts decide custody and parenting time based on the child’s best interests. A conviction may be considered if it relates to issues such as the child’s safety, a parent’s ability to provide care, substance abuse, domestic violence, neglect, or other circumstances that affect the child’s well-being.
If you already have a custody or parenting time order, a new conviction may be raised in court as part of a request to modify that order. The court will look at the specific facts of the case, including the nature of the offense, when it occurred, and whether it affects the child’s interests.
The conviction itself can become evidence in a custody dispute. The other parent may raise it at a hearing, but the impact will depend on the circumstances surrounding the conviction and its relationship to parenting.
Do You Lose Your Right to Vote or Own a Firearm?
A felony conviction affects certain rights, but not all restrictions continue after a sentence ends.
In Indiana, a person convicted of a felony loses the right to vote while incarcerated. That right is restored once the person is released from prison, even if they remain on probation or parole.
Firearm rights are different. A felony conviction can create long-term firearm restrictions under federal law, including a prohibition on possessing or carrying firearms. Whether those rights can be restored depends on the type of conviction, the applicable law, and the person’s circumstances. Some firearm restrictions have separate restoration procedures, while others may continue indefinitely.
Sealing or expunging a criminal record under Indiana’s Second Chance Law generally does not automatically restore firearm rights. Anyone seeking to understand whether they can legally possess a firearm after a conviction should review their specific situation and applicable firearm restoration options.
What If You’re Convicted of a Sex Offense?
Certain sex offense convictions in Indiana can create long-term consequences beyond the sentence imposed by the court.
Depending on the offense, a conviction may require registration under Indiana’s Sex and Violent Offender Registry. Registration requirements can affect where a person lives, works, or interacts with certain locations or individuals. The length of registration varies based on the specific offense and circumstances and may last for many years or, in some cases, for life.
Information such as a registrant’s name, photo, address, and offense details may be available through the public registry during the required registration period.
Many sex offense convictions are excluded from Indiana’s record sealing and expungement laws. Whether relief is available depends on the specific offense and other factors under Indiana law.
Can You Get a Second Chance Under Indiana Law?
A conviction does not always have to follow you forever. Indiana’s Second Chance Law, found in Indiana Code 35-38-9, allows eligible individuals to petition the court to expunge or restrict access to certain criminal records. When a record is expunged, it is generally removed from public access and cannot usually be considered by most employers. However, certain agencies and licensing authorities may still have access in limited circumstances.
The waiting period depends on the type of record and conviction. An arrest that did not result in a conviction may generally qualify for expungement one year after the case ends. Misdemeanor convictions, including certain Level 6 felonies reduced to misdemeanors, generally require a five-year waiting period. Many felony convictions require an eight-year waiting period, although eligibility depends on the felony level, the circumstances of the case, and other legal requirements.
Certain serious violent offenses and many sex offenses are excluded from expungement eligibility, although exceptions may exist in limited circumstances. Some cases require additional approval, including court approval and, in certain situations, written consent from the prosecutor.
Indiana generally limits a person to one petition for expungement of convictions during their lifetime, although separate rules may apply to arrests and other records. If convictions occurred in multiple counties, petitions must generally be filed within the same 365-day period.
Once a record is expunged, Indiana law generally prohibits employers from discriminating against a person based on that expunged record. However, expungement does not erase every legal consequence, and certain licensing authorities or government agencies may still access records in specific situations.
Understand Your Options After a Criminal Conviction
A criminal conviction can create consequences that continue long after your sentence ends. The court case may be over, but your record can continue affecting your job, your family, and your future. Understanding your options early can help you decide what steps to take next.
The impact of a conviction depends on the specific offense, your circumstances, and the legal options available under Indiana law. Reviewing these issues early may help you understand what steps can be taken and whether relief options such as record sealing may apply.
If you have questions about the collateral consequences of a criminal conviction, contact us at Custom Law to discuss your situation and learn more about the options available for your specific legal circumstances.
FAQs
Do collateral consequences apply to misdemeanors, or only felonies?
Yes. A misdemeanor can still follow you after the case ends. It may appear on a background check and affect your job, professional license, housing, or other opportunities. Felonies often carry more serious consequences, but a misdemeanor is not something you can ignore.
Can I still get a job after a criminal conviction in Indiana?
Yes, but a conviction can create challenges depending on the offense, the job, and the employer. Some employers may consider criminal history during hiring, and certain licenses or professions have additional requirements. Understanding whether your record can be sealed or expunged may help you protect future opportunities.
Does expunging my record erase it completely?
No. Expungement does not destroy every record of what happened. It generally removes the record from public access, but certain government agencies and licensing authorities may still be able to access it in limited situations.
Will a conviction automatically cost me custody of my kids?
No. A conviction does not automatically mean you lose custody or parenting time. But the other side may use the record against you, and a judge may consider whether the conviction affects your child’s best interests, your ability to parent, or the stability of your home.
How many times can I petition for expungement in Indiana?
For most conviction records, Indiana generally allows one expungement petition during your lifetime. If you have eligible convictions in multiple counties, you generally must file the petitions within the same 365-day period. Different rules may apply to arrest records and other types of records, so your options depend on the details of your case.