Legal Question in Criminal Law in Indiana

Re: class A misdemeanor conviction and expungment

The class "A" misdemeanor received as a conviction for theft, would suggest that AMS or the alternative misdemeanor statute was applied in reducing a class "D" felony. Theft being a class "D" felony in Indiana. Such a conviction is unlikely to be expunged. It would have to be an offense which did not result in conviction and where no probable cause existed. This would have to be agreed to by the state without objection from the arresting law enforcement involved in making the arrest of the defendant charged. There was time when this was not the case and a much different standard was employed. However, this has changed over time making expungment a very difficult objective.