Alternative Misdemeanor Sentencing (AMS) in Indiana: How to Reduce a Felony to a Misdemeanor

A felony conviction can impact your life long after you've served your sentence. From employment and housing restrictions to firearm ownership and voting rights, the consequences of a felony record can be severe.

Fortunately, Indiana law offers a way to reduce certain felony convictions to misdemeanors through Alternative Misdemeanor Sentencing (AMS). This legal process allows qualifying individuals to convert a Level 6 felony to a Class A misdemeanor, providing a second chance for those seeking a clean record.

📞 Need legal guidance? Call Vining Legal at (317) 759-3225 or schedule a consultation.

The Impact of a Felony Conviction

A felony conviction can have long-term consequences, including:

✔️ Employment Challenges – Many employers conduct background checks and may refuse to hire individuals with felonies.
✔️ Housing Restrictions – Some landlords deny housing applications based on felony records.
✔️ Loss of Civil Rights – Felons may lose the right to vote, own firearms, and hold certain professional licenses.
✔️ Social Stigma – A felony conviction can affect personal relationships and community standing.

This is why AMS can be a life-changing opportunity—by converting a felony to a misdemeanor, you can restore rights and improve future opportunities.

What is Alternative Misdemeanor Sentencing (AMS)?

Alternative Misdemeanor Sentencing (AMS) is a legal process under Indiana Code § 35-50-2-7 and § 35-38-1-1.5 that allows certain felony convictions—specifically Level 6 felonies—to be converted into Class A misdemeanors.

✔️ AMS is NOT an expungement – The conviction still exists but as a misdemeanor instead of a felony.
✔️ Only applies to Level 6 felonies – Higher felony levels are not eligible for AMS.
✔️ Three ways to obtain AMS:

• At sentencing (Judge discretion).

• Post-sentencing petition (After sentence completion).

• By agreement (Between prosecution and defense).

Three Ways to Obtain AMS in Indiana

1. AMS at Sentencing (IC 35-50-2-7)

In some cases, a judge can immediately reduce a felony to a misdemeanor during sentencing.

✔️ The court has discretion to enter judgment as a Class A misdemeanor instead of a Level 6 felony.
✔️ This is only available at sentencing and does not require a petition.
✔️ The defendant must meet certain eligibility requirements.

🚫 Not Eligible If:

• The defendant has received AMS in the last three years.

• The offense is domestic battery, child pornography, perjury, or official misconduct.

2. AMS Post-Sentencing Petition (IC 35-50-2-7)

If AMS was not granted at sentencing, individuals may petition the court to modify their conviction after serving their sentence.

✔️ Eligibility Requirements:

• The felony must not involve violence, bodily injury, or sex offenses.

• The individual must wait at least 3 years after completing their sentence.

• All court-ordered obligations (fines, restitution, probation) must be fully satisfied.

• The petitioner must not have committed any new felonies or have pending charges.

📌 Additional Requirement: If AMS is granted, the individual must remain felony-free for 5 more years to keep the misdemeanor status.

3. AMS by Agreement (IC 35-38-1-1.5)

The third path to AMS allows the prosecutor and defense attorney to agree to reduce a felony to a misdemeanor.

✔️ Both parties must consent – The court must approve the agreement, but the judge can deny AMS even if both sides agree.
✔️ Typically used in plea agreements or post-conviction negotiations.
✔️ Judges may reject AMS if:

• The defendant failed to comply with court orders.

• The individual committed new offenses or violated probation.

Key Differences Between AMS Options

AMS TypeWhen It AppliesRequirementsCourt Discretion?At Sentencing (IC 35-50-2-7)Immediately at sentencingMust meet eligibility requirementsYes, judge decidesPost-Sentencing Petition (IC 35-50-2-7)After completing sentence (3-year wait)No new felonies, sentence obligations metYes, judge must approveBy Agreement (IC 35-38-1-1.5)Anytime (before or after sentencing)Requires agreement from prosecution and defenseYes, judge can deny

💡 If AMS is granted post-sentencing, the individual must avoid new felony charges for 5 years to keep the misdemeanor status.

Why Legal Representation is Essential for AMS

The AMS process is complex, and courts have broad discretion in granting or denying requests. An experienced Indiana criminal defense attorney can:

✔️ Assess AMS eligibility and file the correct petitions.
✔️ Negotiate with prosecutors for AMS agreements.
✔️ Present strong evidence and legal arguments in AMS hearings.
✔️ Ensure compliance with post-AMS requirements to protect your record.

📞 Want to reduce a felony to a misdemeanor? Call Vining Legal at (317) 759-3225 or schedule a consultation.

Conclusion

Alternative Misdemeanor Sentencing (AMS) is a powerful legal tool for individuals with Level 6 felony convictions in Indiana. Whether granted at sentencing, through a petition, or by agreement, AMS can significantly improve employment opportunities, civil rights, and future prospects.

✔️ AMS can reduce a felony conviction to a Class A misdemeanor.
✔️ Three paths to AMS: Sentencing, post-sentencing petition, or agreement.
✔️ A strong legal strategy is crucial to successfully obtaining AMS.

📅 Ready to take control of your future? Schedule a consultation today.