IN SB0063

Nonsupport of a dependent child remains a Level 6 felony, but elevates to a Level 5 felony if the person has a previous conviction under this section (effective July 1, 2014).

Level 5 felony convictions carry imprisonment of 1-6 years with an advisory sentence of 2 years, plus potential fines up to $10,000.

Courts may convert a Level 5 felony conviction to a Level 6 felony if the defendant has completed probation, satisfied all sentence obligations, paid all child support arrearages in full, has no pending felony convictions, and has no pending criminal charges.

Persons seeking conversion must file a verified petition that includes the conviction date, completion date, arrearage amounts, payment dates, and statements that all obligations have been satisfied.

Individuals whose convictions are converted to a lower penalty become eligible for expungement under Indiana Code 35-38-9-3, with the conversion date used as the conviction date for calculating time frames.