A Class C misdemeanor in Indiana is the state’s lowest-level criminal offense, punishable by up to 60 days in jail and a fine of up to $500 under Indiana Code 35-50-3-4.1Indiana General Assembly. Indiana Code 35-50-3-4 – Class C Misdemeanor It is still a crime, not a ticket, and a conviction produces a criminal record that can follow you into job applications, rental screenings, and licensing decisions long after the case closes.
What Counts as a Class C Misdemeanor
Indiana groups misdemeanors into three classes. Class A is the most serious, Class B sits in the middle, and Class C is the least serious. The sentencing rules for all three live in Indiana Code Title 35, Article 50, Chapter 3.2Justia. Indiana Code Title 35, Article 50, Chapter 3 – Sentences for Misdemeanors Which class a specific offense falls into depends on the statute defining it, and Class C designations are scattered across dozens of titles rather than collected in one list.
The distinction that trips people up first is criminal versus civil. A routine speeding ticket is a civil infraction: you pay a fine, and nothing goes on a criminal record. A Class C misdemeanor is different. Jail is possible, and the conviction shows up on background checks unless you later have it expunged.
Confirmed Class C misdemeanors include a first offense of knowingly operating a motor vehicle on a highway without ever having received a valid license, under IC 9-24-18-1. That charge escalates to a Class A misdemeanor for a second offense or if someone is injured, and can reach felony level if the driving causes serious injury or death.3Indiana General Assembly. Indiana Code 9-24-18-1 – Driving Without a License A first-offense operating while intoxicated with a blood alcohol concentration between 0.08 and 0.15 is a Class C misdemeanor, and so is public nudity.
Two offenses commonly mislabeled online are not Class C. Public intoxication under IC 7.1-5-1-3 is a Class B misdemeanor,4Indiana General Assembly. Indiana Code 7.1-5-1-3 – Public Intoxication Prohibited and disorderly conduct under IC 35-45-1-3 is also a Class B misdemeanor.5Indiana General Assembly. Indiana Code 35-45-1-3 – Disorderly Conduct Class B carries up to 180 days in jail and a $1,000 fine, so the mislabeling matters.
Penalties
The 60-day jail term and $500 fine are ceilings, not floors. Judges have discretion within those limits, and many Class C cases resolve well below the maximum. What pushes a sentence toward the top of the range is usually prior criminal history, the specific facts of the offense, or a violation of conditions from a previous case. Courts can also order community service or work release in place of straight jail time.1Indiana General Assembly. Indiana Code 35-50-3-4 – Class C Misdemeanor
The $500 cap covers only the fine itself. Court costs and administrative fees are separate and can add meaningfully to what you owe. Indiana courts assess charges for things like public defender services, court administration, and law enforcement training funds.
A judge can suspend part or all of the jail sentence and put you on probation instead. For a Class C misdemeanor, the combined jail time and probation period cannot exceed one year. If alcohol or drug use contributed to the offense, probation can extend to two years, but anything past 12 months requires a report substantiating the need for continued substance abuse treatment.6Indiana General Assembly. Indiana Code 35-50-3-1 – Suspending Sentence; Probation
Probation itself costs money. Indiana law allows courts to charge an initial user’s fee of up to $50, a monthly fee between $10 and $20, and a one-time administrative fee of $50.7Indiana General Assembly. Indiana Code 35-38-2-1 – Conditions of Probation Standard conditions include regular check-ins with a probation officer, sometimes counseling or educational programs, and specific behavioral rules. Violating any condition can trigger a revocation petition and jail time for the remainder of the original suspended sentence.
Life After the Case
The courtroom penalties are only half the story. A Class C misdemeanor conviction becomes part of your criminal record, and that record shows up in places that matter.
Employment is usually the first concern. Many employers run background checks, and a conviction of any class can disqualify applicants from certain positions. The effect is sharpest for jobs requiring a professional license in healthcare, education, or finance. Licensing boards generally require disclosure of all criminal history, and offenses involving dishonesty or substance abuse draw closer review. Failing to disclose is often treated more harshly than the underlying conviction, because boards can pull the same records law enforcement uses.
Housing is the other common friction point. Landlords screen for criminal history, and in tight rental markets even a low-level misdemeanor can cost you the lease.
Firearm rights generally are not affected. Federal law under 18 U.S.C. ยง 922(g)(9) bars firearm possession only for people convicted of a “misdemeanor crime of domestic violence.”8Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts An ordinary Class C misdemeanor that does not involve domestic violence would not trigger that federal prohibition.
Defenses
Being at the bottom of the criminal scale does not mean the state gets an easy conviction. Every element of the offense still has to be proven beyond a reasonable doubt.
Challenging the Elements
Each statute has specific elements the prosecution has to establish. For the driving-without-a-license charge under IC 9-24-18-1, for example, the state must prove you knowingly or intentionally operated a motor vehicle on a highway and had never received a valid license.3Indiana General Assembly. Indiana Code 9-24-18-1 – Driving Without a License Someone whose license simply expired would not fit that statute. The statutory language is where a lot of these cases actually turn.
Challenging the Stop or Arrest
If law enforcement lacked probable cause for the stop or the arrest, evidence obtained as a result can be suppressed. Without that evidence, the prosecution often cannot proceed. The argument comes up often in traffic-related Class C cases, where the initial reason for the stop gets close scrutiny.
Right to Counsel
Because Class C misdemeanors carry possible jail time, you have a constitutional right to an attorney. In Argersinger v. Hamlin, the U.S. Supreme Court held that no person can be imprisoned for any offense unless represented by counsel or having knowingly waived that right.9Legal Information Institute. Argersinger v. Hamlin, 407 U.S. 25 If you cannot afford a lawyer, the court must appoint one before it can sentence you to jail.
Clearing the Record
Indiana allows people convicted of misdemeanors to petition for expungement, which seals the conviction from most background checks. The rules sit in IC 35-38-9-2.
The earliest you can file is five years after the conviction date, unless the prosecuting attorney agrees in writing to a shorter waiting period. The petition goes to a circuit or superior court in the county where you were convicted. The court is required to grant expungement when all of the following are true:
- At least five years have passed since the conviction date.
- You have no criminal charges currently pending.
- You have paid all fines, fees, court costs, and any restitution ordered.
- You have not been convicted of any crime in the previous five years.
When those four conditions are met, expungement is mandatory, not discretionary.10Indiana General Assembly. Indiana Code 35-38-9-2 – Expunging Misdemeanor Convictions The order reaches records held by the court, the Department of Correction, the Bureau of Motor Vehicles, and any court-ordered treatment providers.
Two groups are excluded: anyone convicted of two or more unrelated felonies involving a deadly weapon, and registered sex or violent offenders as defined in IC 11-8-8-5.10Indiana General Assembly. Indiana Code 35-38-9-2 – Expunging Misdemeanor Convictions For most people carrying a single Class C misdemeanor, expungement is a realistic way to clear the record once the waiting period passes and the other boxes are checked.