CRIMINAL LAWAND PROCEDURE
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being four (4) years. In addition, the person may
be fined not more than ten thousand dollars
($10,000).
(b) A person who commits a Level 5 felony
(for a crime committed after June 30, 2014) shall
be imprisoned for a fixed term of between one (1)
and six (6) years, with the advisory sentence being
three (3) years. In addition, the person may be
fined not more than ten thousand dollars ($10,000).
(c) Notwithstanding subsections (a) and (b), if
a person commits nonsupport of a child as a Class
C felony (for a crime committed before July 1,
2014) or a Level 5 felony (for a crime committed
after June 30, 2104) under IC 35-46-1-5, the sen-
tencing court may convert the Class C felony
conviction to a Class D felony conviction or a
Level 5 felony conviction to a Level 6 felony
conviction if, after receiving a verified petition as
described in subsection (d) and after conducting
a hearing in which the prosecuting attorney has
been notified, the court makes the following find-
ings:
(1) The person has successfully completed
probation as required by the person’s sen-
tence.
(2) The person has satisfied other obliga-
tions imposed on the person as required by
the person’s sentence.
(3) The person has paid in full all child
support arrearages due that are named in
the information and no further child sup-
port arrearage is due.
(4) The person has not been convicted of
another felony since the person was sen-
tenced for the underlying nonsupport of a
child felony.
(5) There are no criminal charges pending
against the person.
(d) A petition filed under subsection (c) must
be verified and set forth the following:
(1) A statement that the person was con-
victed of nonsupport of a child under IC
35-46-1-5.
(2) The date of the conviction.
(3) The date the person completed the per-
son’s sentence.
(4) The amount of child support arrear-
age due at the time of conviction.
(5) The date the child support arrearage
was paid in full.
(6) A verified statement that no further
child support arrearage is due.
(7) Any other obligations imposed on the
person as part of the person’s sentence.
(8) The date the obligations were satis-
fied.
(9) A verified statement that there are no
criminal charges pending against the per-
son.
(e) A person whose conviction has been con-
verted to a lower penalty under this section is eli-
gible to seek expungement under IC 35-38-9-3
with the date of conversion used as the date of con-
viction to calculate time frames under IC 35-38-
9.
35-50-2-7. Class D felony; Level 6 felony.
(a) A person who commits a Class D felony
(for a crime committed before July 1, 2014) shall
be imprisoned for a fixed term of between six
(6) months and three (3) years, with the advisory
sentence being one and one-half (1 ½ years). In
addition, the person may be fined not more than
ten thousand dollars ($10,000).
(b) A person who commits a Level 6 felony
(for a crime committed after June 30, 2014) shall
be imprisoned for a fixed term of between six
(6) months and two and one-half (2 ½) years,
with the advisory sentence being one (1) year.
In addition, the person may be fined not more than
ten thousand dollars ($10,000).
(c) Notwithstanding subsections (a) and (b), if
a person has committed a Class D felony (for a
crime committed before July 1, 2014) or a Level
6 felony (for a crime committed after June 30,
2014), the court may enter judgment of conviction
of a Class A misdemeanor and sentence accord-
ingly. However, the court shall enter a judgment
of conviction of a Class D felony (for a crime com-
mitted before July 1, 2014) or a Level 6 felony (for
a crime committed after June 30, 2014) if:
(1) the court finds that:
(A)the person has committed a prior,
unrelated felony for which judgment
was entered as a conviction of a Class
A misdemeanor; and
(B)the prior felony was committed less
than three (3) years before the second
