Introduction to Class B Misdemeanors in Indiana

Under the Indiana criminal code, Class B misdemeanors are mid-level misdemeanor offenses (Indiana Code 35-50-3). The state arranges crimes into felonies and misdemeanors, with felonies carrying longer incarceration ranges and misdemeanors carrying shorter terms. A Class B misdemeanor, therefore, functions as a lower-level crime than any felony yet stands above a Class C misdemeanor.

This framework for offense classification also influences court procedures and legal penalties. Felony matters usually move through courts with broad jurisdiction, while misdemeanor matters often run in divisions designed for quicker resolution. A Class B misdemeanor captures conduct normally handled as harmful without rising to felony severity. In any case, criminal court records associated with misdemeanors are presumed public unless otherwise restricted by law.

Common Examples of Class B Misdemeanors in Indiana

Indiana Code designates some offenses as Class B misdemeanors. However, specific classifications could be altered based on jurisdictional nuances and the unique facts of an incident. Common Class B misdemeanors in Indiana include:

• Possession of Marijuana (IC 35-48-4-11): A person commits this offense by knowingly or intentionally possessing marijuana, hash oil, hashish, or salvia, provided the amount is less than 30 grams and the person has no prior drug conviction.
• Public Intoxication (IC 7.1-5-1-3): A person commits this offense by being in a public place while intoxicated.
• Disorderly Conduct (IC 35-45-1-3): An individual commits this offense by engaging in fighting or tumultuous conduct.
• Battery (IC 35-42-2-1(c)): A person commits this offense by knowingly or intentionally touching another party in a rude, insolent, or angry manner.
• Criminal Mischief (IC 35-43-1-2(a)): A person commits this offense by recklessly, knowingly, or intentionally damaging another's property without consent.
• Harassment (IC 35-45-2-2): A person commits this offense by communicating via telephone, mail, or electronic means with the intent to harass, annoy, or alarm, lacking a legitimate communicative purpose.
• Voyeurism (IC 35-45-4-5(b)): A person commits this offense by knowingly or intentionally peeping into an occupied dwelling or a private area designated for disrobing without consent.

Statute of Limitations for Class B Misdemeanors in Indiana

Indiana prosecutors generally have two years from the date the conduct occurred to file a Class B misdemeanor case (Indiana Code 35-41-4-2). The timer typically starts on the day of the alleged act and continues unless a statutory pause applies. Tolling (statutory pause) may occur when an accused leaves the state, conceals personal identity, or obstructs investigative efforts. Filing an information, complaint, valid warrant, or an arrest without a warrant marks the point used to determine whether the prosecution commenced within the statutory window. Limited exceptions exist for matters involving later-discovered evidence.

Offenses like Operating While Intoxicated (OWI) and Domestic Battery follow the strict two-year statute of limitations. If OWI escalates due to prior convictions or serious injury, it becomes a Level 6 felony, extending the limitation to five years. Domestic Battery at the misdemeanor level remains under two years.

Legal Penalties for Class B Misdemeanors in Indiana

Indiana class B misdemeanors are governed by IC 35-50-3-3, which permits courts to impose jail terms up to 180 days, fines up to $1000, or both. Courts may also order probation, community service, counseling requirements, or other corrective conditions aligned with case specifics and judicial evaluation at the court level review. Sentencing evaluations typically review prior convictions, the conduct involved, and any perceived threat to public safety.

These penalties carry consequences beyond the courtroom, because criminal history entries remain visible to employers, licensing entities, and housing providers. This can influence hiring decisions, professional licensing outcomes, or rental approvals. Some convictions may create further legal restrictions, including limits affecting firearm possession under state provisions. Although classified below felony offenses, Class B misdemeanors can shape personal status and professional prospects long after formal penalties expire. Courts also consider rehabilitation potential, available diversion options, and community impact when deciding appropriate sanctions for each conviction.

Court Process for Class B Misdemeanors in Indiana

The court process for Class B misdemeanors in Indiana follows a structured sequence, although local procedures or case conditions may introduce variations.

• Arrest/citation: Offenses enter the criminal justice system following an arrest or citation, after which the defendant receives notice to appear in a trial court with jurisdiction over the case (IC 35-33-1).
• Arraignment: At this stage, the court presents the formal allegation, confirms the defendant’s identity, and advises the defendant of all rights recognized under state law. The court also conveys bond or release conditions. The defendant enters an initial plea, which may be "not guilty", "guilty", or "no contest". A not guilty plea shifts the case toward pretrial proceedings.
• Pretrial: Pretrial settings involve negotiation, evidence exchange, and motion practice. The prosecution and defense may discuss plea agreements under Indiana Code 35-35-3, which allow negotiated resolutions that can adjust sentencing exposure or modify the charge.
• Trial: If no agreement is reached, the case proceeds to trial. The court reviews witness accounts, examines submitted evidence, and applies statutory elements tied to the charge.
• Sentencing: If a conviction happens, sentencing proceeds under IC 35 50-3-3, authorizing jail terms, fines, or alternative sanctions shaped by case conditions and community considerations.

How Class B Misdemeanors Affect Your Criminal Record in Indiana

Class B misdemeanor information will be listed in a person’s criminal history as the charged conduct, the jurisdiction, the case outcome, and all sanctions imposed. This notation becomes visible during routine background checks carried out for employment screening, licensing review, housing applications, or public-sector security evaluations. Visibility varies under state retention rules, since some jurisdictions restrict public access after a statutory interval while others preserve records indefinitely. These differences shape how decision makers interpret the entry and assess overall eligibility for opportunities.

In Indiana, relief procedures such as sealing or expungement exist under defined statutory frameworks. Each framework imposes prerequisites that often include a specific waiting period, completion of all sanctions, and strict compliance with filing protocols. However, such relief is not automatic and a formal petition supported by verifiable documentation is usually required. Even then, sealed entries may remain visible to law-enforcement agencies or appear under narrow statutory exceptions. Consult an attorney practising in Indiana for help navigating the expungement procedure and eligibility standards.

Differences Between Class B Misdemeanors and Other Offenses in Indiana

In Indiana, Class B misdemeanors fall in the middle of the misdemeanor scale, making them less severe than Class A misdemeanors but more serious than Class C. Under Indiana Code § 35-50-3-3, a conviction can lead to up to 180 days in jail and a maximum fine of $1,000. In contrast, Class A misdemeanors expose a person to up to one year in jail and fines up to $5,000. Class C misdemeanors carry a penalty of up to 60 days in jail and fines up to $500.

Beyond misdemeanors, felony sentences can stretch for years. For example, a Level 6 felony may bring between six months and 2.5 years in prison, plus fines. These distinctions demonstrate that Class B misdemeanors carry moderate risk: more serious than minor offenses, but significantly less severe than felonies.

How to Check for Class B Misdemeanors in Indiana Court Records

• Online searches: The process for locating Class B misdemeanor information in Indiana begins with an index review through the statewide digital portal operated by the Judicial Branch. MyCase functions as the primary public platform for non-confidential court data and permits case searches by party name, attorney, or case number. A name-based inquiry commonly produces criminal case classifications marked as "CM" for Class B misdemeanor matters. However, this portal is strictly an informational resource and does not supply certified records. Coverage varies because only participating courts transmit electronic data, which creates occasional gaps that require subsequent verification through physical channels. Access standards follow Admin. Rules 9, which excludes confidential categories and any record sealed by a trial court order.
• In-person requests: The County Clerk’s Offices hold exclusive authority to issue certified or warrantable records. Online entries remain unofficial and may contain inaccuracies, so verification must occur directly with the clerk in the county where the case proceeded. Large counties publish detailed procedures for in-person requests, including defined business hours and designated service locations. All interested parties should rely on official judicial or county instructions, since access requirements and fees vary by jurisdiction.

Can a Class B Misdemeanor Be Expunged or Sealed in Indiana?

Indiana’s record-relief system permits expungement of Class B misdemeanor convictions under IC 35-38-9-2. Note that relief is barred for offenses defined as sex or violent offenses under IC 11-8-8-5. For eligible offenses, there is a five-year waiting period calculated from the conviction date. Furthermore, sentence completion is required, including supervised release and all financial assessments ordered at sentencing. Fines, fees, costs, and restitution should be fully resolved before a petition may advance.

An expungement order issued under IC 35-38-9-2 is circulated to agencies in the criminal justice system as well as allied agencies where applicable (e.g., the Bureau of Motor Vehicles). Once granted, the order restricts access and directs government agencies to treat the conviction as nonexistent for most non-governmental reviews.