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Indiana Criminal Defense Laws

Indiana uses a Level system for felonies (Level 1 being most serious through Level 6) plus murder as a separate category. The death penalty is active — Indiana resumed executions in 2024 after a 15-year pause. Indiana's expungement law (the "Second Chance Law") is relatively progressive, allowing expungement of most convictions after waiting periods of 5-10 years. Level 1-2 felonies and murder have no statute of limitations.

Last verified: 2026-02-25

Statute of Limitations

No limit (murder, Level 1-2 felonies); 5 years (Level 3-6 felonies); 2 years (misdemeanors)Ind. Code § 35-41-4-2

Murder and Level 1-2 felonies have no statute of limitations. Level 3-6 felonies must be prosecuted within 5 years. Misdemeanors have a 2-year limit. DNA discovery can restart the clock on certain offenses.

Key Indiana Statutes

Felony Level SystemInd. Code § 35-50-2

Murder: 45-65 years (advisory 55). Level 1: 20-40 years. Level 2: 10-30 years. Level 3: 3-16 years. Level 4: 2-12 years. Level 5: 1-6 years. Level 6: 6 months-2.5 years. Level 6 offenders generally serve sentences in county jails, not state prison. Maximum fine for all levels: $10,000.

Second Chance Law (Expungement)Ind. Code § 35-38-9

Arrests without conviction: eligible after 1 year. Misdemeanor convictions: 5 years. Level 6 felonies (or old Class D): 8 years. More serious felonies: 8-10 years after conviction (prosecutorial consent may be required). Excluded: sex offenses, murder, voluntary/involuntary manslaughter, and offenses involving a deadly weapon.

Death PenaltyInd. Code § 35-50-2-9

Indiana retains the death penalty for murder with aggravating circumstances. Method: lethal injection. Executions resumed in 2024 after a 15-year pause.

Official Sources

Indiana Code — CriminalIndiana Courts

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Indiana Code — Criminal. For advice about your specific situation, consult a licensed attorney.

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