A Class B misdemeanor in Indiana is the state’s middle-tier misdemeanor, punishable by up to 180 days in jail and a fine of up to $1,000.1Indiana General Assembly. Indiana Code 35-50-3-3 – Class B Misdemeanor Beyond those ceilings, a conviction carries mandatory court costs, a criminal record that shows up on background checks, and a five-year wait before you can ask a court to erase it.
Jail Time, Fines, and Probation
The 180-day and $1,000 figures are maximums, not defaults. A judge has broad discretion to impose less, and first-time offenders often receive sentences well below the cap.
Indiana law also lets the court suspend any portion of a misdemeanor sentence and place you on probation instead. There’s one limit that catches people off guard: your jail time and probation period combined cannot exceed one year.2Indiana General Assembly. Indiana Code 35-50-3-1 – Suspension and Probation So a 60-day jail sentence leaves at most 305 days of probation on top of it. Probation conditions typically include check-ins with a probation officer, possible community service, substance abuse treatment where relevant, and staying out of further trouble.
Court Costs Beyond the Fine
The $1,000 fine cap gets most of the attention, but mandatory court costs can easily rival or exceed the fine itself. According to Indiana’s Trial Court Fee Manual, every criminal case carries at least $189 in mandatory fees, including a $120 criminal costs fee, a $20 automated record keeping fee, a $20 judicial salaries fee, and several smaller administrative charges. Add the sheriff’s service of process fee and the baseline rises to $217.3Indiana Courts. Indiana Trial Court Fee Manual
Certain convictions trigger additional conditional fees. Drug offenses add $200 to $1,000. If the court appointed a public defender, you may owe $100 in reimbursement for a misdemeanor case. Restitution to a victim is separate from all of these. Even a modest fine can turn into a substantially larger total obligation once costs are added.
Common Class B Misdemeanor Offenses
Dozens of Indiana statutes place specific conduct at the Class B level. Some of the most frequently charged:
- Public intoxication — being intoxicated in a public place to the point of endangering yourself or someone else, breaching the peace, or alarming others.4Indiana General Assembly. Indiana Code 7.1-5-1-3 – Public Intoxication Prohibited
- Disorderly conduct — fighting, making unreasonable noise after being asked to stop, or disrupting a lawful gathering.5Indiana General Assembly. Indiana Code 35-45-1-3 – Disorderly Conduct
- Marijuana possession — possessing any amount of marijuana, hash oil, hashish, or salvia with no prior drug conviction. Indiana sets no minimum weight; any amount qualifies.6Indiana General Assembly. Indiana Code 35-48-4-11 – Possession of Marijuana, Hash Oil, Hashish, or Salvia
- Criminal mischief — damaging or defacing someone else’s property without consent, where the loss is under $750.7Indiana General Assembly. Indiana Code 35-43-1-2 – Criminal Mischief
- Harassment — contacting someone by phone, mail, or electronic communication with intent to harass, annoy, or alarm them and no legitimate purpose.8Indiana General Assembly. Indiana Code 35-45-2-2 – Harassment
Hazing, voyeurism, and criminal recklessness also fall at this level. The specific facts of an incident determine the final charge.
When a Class B Charge Gets Bumped Higher
Several offenses start as Class B misdemeanors but carry built-in escalation triggers. Marijuana possession jumps to a Class A misdemeanor with a prior drug conviction, and becomes a Level 6 felony with a prior drug conviction plus at least 30 grams of marijuana or 5 grams of hash oil.6Indiana General Assembly. Indiana Code 35-48-4-11 – Possession of Marijuana, Hash Oil, Hashish, or Salvia Criminal mischief climbs to a Class A misdemeanor at $750 in damage and to a Level 6 felony at $50,000 or when the damage disrupts a public utility.7Indiana General Assembly. Indiana Code 35-43-1-2 – Criminal Mischief Disorderly conduct rises to a Level 6 felony at an airport where it affects security, or within 500 feet of a funeral or burial when it disrupts the service.5Indiana General Assembly. Indiana Code 35-45-1-3 – Disorderly Conduct
Three factors do most of the escalating: prior criminal history, the dollar value of harm, and the sensitivity of the location.
Long-Term Effects of a Conviction
A Class B misdemeanor conviction creates a permanent criminal record that appears on background checks. That can limit your options in several concrete ways. Employers who screen applicants may pass over people with misdemeanor records, particularly for positions involving trust, financial responsibility, or vulnerable populations. Landlords routinely run background checks and can decline applicants on that basis. Some professional licensing boards weigh criminal history in their decisions.
Non-citizens face a separate layer of risk. Federal immigration law treats certain offenses, particularly those involving fraud, theft, or intent to cause harm, as crimes involving moral turpitude. A conviction in that category can trigger deportation proceedings or render a person inadmissible regardless of how minor the offense looks under state law. Anyone without U.S. citizenship facing a Class B charge should consult an immigration attorney before accepting a plea.
Expunging a Class B Misdemeanor
Indiana allows people convicted of misdemeanors to petition for expungement, but the rules are strict. You cannot file until at least five years have passed since the conviction date, unless the prosecutor agrees in writing to a shorter timeline.9Indiana General Assembly. Indiana Code 35-38-9-2 – Expunging Misdemeanor Convictions
To qualify, you must meet all four of these conditions:
- At least five years have passed since the conviction date.
- You have no pending criminal cases when you file.
- All fines, fees, court costs, and restitution from the original sentence are fully paid.
- You have not been convicted of any crime in the five years before filing.
If the court finds those conditions met, it must order the records expunged. The petition is filed in the circuit or superior court of the county where the conviction occurred.9Indiana General Assembly. Indiana Code 35-38-9-2 – Expunging Misdemeanor Convictions Registered sex and violent offenders are excluded entirely.
One detail carries real weight: Indiana gives you only one lifetime opportunity to file for expungement. If you have multiple eligible convictions from different time periods, they need to go into a single petition. Filing prematurely or leaving something out spends the only chance you get.