If you want to get your record sealed, which means its hidden from the general public but still exists, you'll have to wait at least a few years after your conviction. Misdemeanors usually involve jail time, smaller fines, and temporary punishments. For example, explain to the judge that you are no longer abusing drugs or alcohol or involved with gangs, if those factored in to your conviction. jumping me. There are several factors the court will consider. In Indiana, the charge must have been a "Class D" felony and not been related to a violent or sexual crime. This article has been viewed 594,355 times. There are 8 references cited in this article, which can be found at the bottom of the page. I was charged and sent off to jail. North Carolina uses a grid system for misdemeanor . After a period of time, during which you resolve those issues, you may well be able to reapply for expungement. the defendant must have been sentenced to a term of probation, rather than to prison. A felony conviction (such as vehicular manslaughter, homicide, or murder), on the other hand, often leads to prison time. difficulties in getting government aid, like student loans or grants. Different states and jurisdictions have different diversion programs. Wobbler crimes are those that could be classified as a felony or a misdemeanor. This is if the crime did not involve violence and the use of a deadly weapon, and if the accused person does not have any previous criminal record. 1. However, you must maintain a clean record during that waiting period. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. You simply wait until you hear back, and that can take six months or more. If the charge was a wobbler, the sentencing judge must have imposed a term of probation. Some states use a letter classification system for felonies, ranging from Class A, the highest, to Class D or E, depending on how many categories that state uses. Approved. in Indiana, you must wait three years after finishing your sentence before you apply. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. The prosecutor has to agree to the plea deal. Below the level of felonies, of course, are misdemeanors. At Coalter Law, PLLC, we not only know that its possible, but we also know the process well. References. I listed my place of residence trying to help these folks because they had no where to go themselves. Then, go to the state court or probation office to fill out the appropriate forms. An example of reducing a felony offense to a misdemeanor is if the defendant is charged with DUI causing injury (Vehicle Code 23153 VC). Eligibility for diversion is strict, though. How Misdemeanor Sentencing Works in North Carolina. Prop 47: Reducing felony convictions for drug possession and low-level theft convictions to misdemeanors. By signing up you are agreeing to receive emails according to our privacy policy. Defendants benefit by knowing what their sentence will be, rather than going through the risks of a trial. This requires a 17(b) motion. The clerks office will let you know where to send them. Plea deals can be finalized at any point up to the trial. Felony probation is a term of community supervision. A "wobbler" is a crime that the prosecution can choose to charge as either a felony or a misdemeanor, such as burglary or assault with a deadly weapon. I Have Been Charged with a Felony: What Should I Do? The reduction of a felony to a misdemeanor is the decision of the court. ", "It told me what and how to get it expunged.". At the end, unless the you waive your right to a trial by jury, the jury will deliberate and decide on a verdict. This blog post will address the question of when a felony can be reduced to a misdemeanor. ", How to Get a Felony Reduced to a Misdemeanor, http://criminal.findlaw.com/criminal-law-basics/what-distinguishes-a-misdemeanor-from-a-felony.html, https://www.lawyers.com/legal-info/criminal/criminal-law-basics/public-defenders.html, http://www.lawfirms.com/resources/criminal-defense/criminal-defense-case/plea-bargain.htm, http://moritzlaw.osu.edu/epub/mayhew-hite/2012/05/plea-bargaining-just-as-it-ever-was/, http://litigation.findlaw.com/going-to-court/what-is-a-motion.html, http://www.shouselaw.com/reducing-felony-to-misdmeanor.html, http://www.awmlaw.com/HOW-TO-HAVE-AN-INDIANA-FELONY-CONVICTION-REDUCED-TO-A-MISDEMEANOR.shtml. The judge will want to see that you have been able to stay out of trouble and are not likely to commit another crime. Se Habla espaol. If the judge grants your expungement, you need copies of the signed Expungement Order to deliver to law enforcement agencies. These are the ones which carry the longest prison sentences. 17(b) motions can be heard at any of the following stages in the criminal trial process: To expedite the process, the 17(b) motion can be filed during felony probation. This form is encrypted and protected by attorney-client confidentiality. These include: After the felony has been reduced to a misdemeanor, many defendants pursue an expungement. The judge will also want to know the severity of the offense, whether a defendant has completed probation, if there were any probation violations, and prior criminal history. Felony convictions are more serious than misdemeanors. Sometimes, we may look for a way to medicate our problems. Gross impairment of the person's faculties while driving due to: a. Using what he learned in writing that text, Ron developed this website as a free resource and has worked with his team to continue answering questions for those in need. Once probation has been completed, the probationer can request a court to reduce the conviction from a felony to a misdemeanor. Manage Settings You may wind up pleading guilty to something, but you can try to keep it to a minimum. Is getting legal counsel absolutely necessary? Generally, a felony can be reduced to a misdemeanor in 4 ways: Through a plea bargain, a diversion program, completion of probation, or by showing that the felony elements of the crime are missing.In California, it can be done through a Penal Code 17(b) motion.Reducing the offense has many benefits, and can help expunge the offense.. What are 4 ways to reduce a felony conviction to a misdemeanor? He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Because at this point, it may still be possible to negotiate a lower charge or less severe penalties. If the prosecutor files felony charges, the defendant may be able to get them reduced to a misdemeanor by showing that the alleged victim did not suffer a corporal injury. You may need to file other documents with the form, such as copies of your criminal record or the final order of conviction. the court does not think that the defendant poses an unreasonable risk of danger to public safety. Speeding in excess of 15 miles per hour over the legal speed limit. One of these is the defendants gun rights. Felons can demonstrate their efforts to live an honest life by doing several things: Seekingexpungement or sealingof their records can help significantly. Approximately 90% of criminal cases end with a plea bargain. A criminal record can affect job, immigration, licensing and even housing opportunities. Talking to an experienced criminal defense attorney will give you the best sense of your options moving forward, and can help you come up with a customized game plan to ensure the best possible outcome in your case. [6] Not all convictions can be cleaned up with a Certificate of Rehabilitation. 414 Chestnut St, Unit 303. If approved, the defendants criminal background will show a prior misdemeanor offense. b. The basic eligibility criteria to obtain an expunction are the same for the three categories of dismissals and acquittals. BRUNSWICK COUNTY The effect that this can have on your professional success, post-conviction, is significant. On the other hand, a charge of statutory rape, brought against a 19-year-old boy for having a consensual sexual relationship with his 17 -year-old girlfriend, where the boy has no prior criminal history, is an excellent candidate for a reduced sentence or possibly even dismissal. They tend to be for minor offenses and infractions like: Some diversion programs require the defendant to plead guilty. Some common conditions of probation include: In California, probation lasts 2 years for non-violent felonies. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. Doing the things that it will take to reach that goal and getting that felony reduced will be challenging, but what hasnt been since leaving prison? We use cookies to make wikiHow great. An attorney also has a better chance of resolving your criminal case in District Court, which can save you time and money in the long run. A felony is a serious offense that carries a punishment of a year or more in prison, while a misdemeanor usually carries a maximum sentence of up to a year in jail. This is when felon applicants can make their case. Otherwise, the sentence will carry a prison term. If youre eligible, ask your court clerk for the relevant forms and fill in the details of your case. Every crime in California is defined by a specific code section. Felonies are the most serious crimes you can commit and have long jail or prison sentences, fines, or permanent loss of freedoms. In either of these cases, the felony conviction is not eligible for reduction to a misdemeanor. DUI arrests don't always lead to convictions in court. We do not handle any of the following cases: And we do not handle any cases outside of California. maintaining stable employment status or being a full-time student. We do not handle any of the following cases: And we do not handle any cases outside of California. Motions: Written requests asking court to resolve a disagreement about the law or instruct the parties to do something. Each state has the responsibility for the classification of felonies, ranging from the most serious down to those considered to be the least severe. The prosecutor realizes that Walt may not be a good witness, and offers to drop the attempted murder charge if Don will plead guilty to battery, which is only a misdemeanor. This is called charge bargaining. You may pay higher insurance premiums or higher interest on credit cards. They can go through are-entry programor get furthereducationandtrainingto get the knowledge and skills they need. Can I get a class I felony drug charge reduced to a misdemeanor after completing probation in NC? This may only be an option for certain criminal offenses. There typically is no application fee, although you might have to pay for certified copies of orders or transcripts to accompany the application. Felons need to be willing to do what it takes. A 17(b) motion is a court petition. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. 15A-146 no longer contains a bar to relief based on prior convictions, whether for misdemeanors or felonies. State laws generally prohibit a citation from being issued in two common scenarios: The person refuses to sign a written promise to appear or requests to be taken before a judge. You generally dont have to do anything if your petition is granted. The court will ask why a defendant is seeking a reduction. Resources to help ex-offenders gain essential life skills for making the right choices in life. 17(b) motions can be heard at any of the following stages in the criminal trial process: at the preliminary hearing, When it comes to their employment record, having aquality resumeis essential. ", http://www.papillonfoundation.org/information/expungement-faqs/, http://www.workforcecentralma.org/additional-programs/re-entry/how-to-seal-your-criminal-record, http://www.masslegalhelp.org/cori/seal-by-mail, https://www.communitylegalaid.org/library/criminal/668-Sealing-a-Criminal-Record, http://www.mass.gov/courts/docs/probation/sealingpetition.pdf, http://www.nolo.com/legal-encyclopedia/expungement-of-criminal-records-basics-32641.html, https://www.judiciary.state.nj.us/prose/10557_expunge_kit.pdf, http://criminal.findlaw.com/expungement/the-expungement-process.html, http://saclaw.org/wp-content/uploads/sbs-expunging-criminal-records.pdf, http://www.courts.state.va.us/courts/cav/forms/petition_for_writ_packet.pdf, http://www.innocenceproject.org/news-events-exonerations/three-certificates-of-actual-innocence-issued-in-illinois, https://www.utexas.edu/law/clinics/innocence/tcai/, http://www.nj.gov/parole/docs/application%20-%20certificate%20of%20rehabilitation.pdf, http://www.co.shasta.ca.us/index/pd_index/cor/cor_app_procedure.aspx, http://www.co.shasta.ca.us/index/pd_index/cor.aspx, http://thelawdictionary.org/article/how-to-apply-for-a-governors-pardon/, http://www.gjp.org/faqs/get-a-pardon-in-georgia/. Trial: Both sides take turns arguing that the you are guilty or innocent. Many states, including California, have a process for requesting courts to reduce a felony charge to a misdemeanor after the defendant has completed his or her probation. Visit our California DUI page to learn more. at the completion of the felony probation period. Consumption of an impairing substance; or b. To learn how to get a certificate of actual innocence, keep reading! The process is different in each state. It may not feel like it, but you actually have the most power to positively affect the outcome at this point. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. (N.C. Gen. Stat. . Some common collateral consequences that come with a felony conviction, but not with a misdemeanor conviction, include: These collateral consequences of a conviction can make life difficult. This can lead to an earlier hearing for the motion. wikiHow is where trusted research and expert knowledge come together. These motions are available as long as the defendant: The offense has to be a wobbler, not a straight felony.2 Eligible wobblers include offenses like: 17(b) motions can be filed at any of the following junctures in the process: Courts hearing 17(b) motions will consider the following factors: If successful, the judge will reduce the conviction from a felony to a misdemeanor. Please complete the form below and we will contact you momentarily. For example, Massachusetts requires you to wait ten years before applying to have a felony record sealed, compared to five years for a misdemeanor conviction. * For a Class B1 through E felony that is subject to the registration requirements of . If your state requires you to serve the forms, there will be fees for that service as well. Lowering A Felony To A Misdemeanor In North Carolina Felony charges on an individual's record can be incredibly devastating, affecting everything from employment to access to affordable housing. Noticing a need in the market, Ron wrote and self-published Jobs For Felons 1st Edition which has been shared at numerous inmate facilities and reentry programs across the nation. Generally, the defendant must have been sentenced to probation, without prison time. Defendants sentenced to probation have to follow the terms of their community supervision. A "wobbler" is an offense that may be prosecuted as a felony or as a misdemeanor. However, there are some collateral repercussions of a felony conviction that will remain. [1] The general public may not know about your expunged felony, but law enforcement agencies and courts still have access to that part of your record. A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). A skilled criminal defense attorney can file a 17(b) motion and begin the process. whether the defendant violated any of the terms and conditions of their felony probation, the offense must have been a wobbler, and. Even if misdemeanor punishments are not necessarily as harsh as felonies, they can still represent negative, life-altering consequences. Once youve filed the necessary forms, youll be notified about your hearing to decide if your felony will be reduced. There are 19 references cited in this article, which can be found at the bottom of the page. The judge will then suspend the sentence. Felony charges on an individuals record can be incredibly devastating, affecting everything from employment to access to affordable housing. regularly meeting with a probation officer, complying with restraining orders, for crimes of. Should you be convicted of a misdemeanor DUI, you may face . Browse our jobs, find one you like, and get back to work today. The terms of probation vary. There are no black and white rules dictating which felony charges can be reduced to misdemeanors. Continue with Recommended Cookies. Plea Bargaining a Felony Down to a Misdemeanor, {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/d\/d2\/Stop-Grandparents-Visitation-Rights-Step-3.jpg\/v4-460px-Stop-Grandparents-Visitation-Rights-Step-3.jpg","bigUrl":"\/images\/thumb\/d\/d2\/Stop-Grandparents-Visitation-Rights-Step-3.jpg\/aid6831492-v4-728px-Stop-Grandparents-Visitation-Rights-Step-3.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"