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\n<\/p><\/div>"}. Most states dont allow expungement of serious, violent felonies. Some common conditions of probation include: In California, probation lasts 2 years for non-violent felonies. be first-time offenders, or have very little on their criminal record, be charged with a non-violent offense, and. a qualified mental health expert thinks that the defendant would respond to treatment. The earlier on in the process that you retain counsel, the better likelihood that they will be able to get your charges reduced or dismissed, or negotiate a plea bargain that works for you. Most criminal cases are resolved through plea bargaining. When the clerk stamps and files your petition, s/he will give you a docket number and schedule your hearing. A 17(b) motion is a court petition. In California, defendants can bring a 17(b) motion to ask the court to get a felony dropped to a misdemeanor after completing felony probation. Know when the waiting period starts. Youll also need to get someone to serve a copy to the prosecutor of your case, such as your local sheriff or someone not involved in the case. ", 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. An expunged misdemeanor preserves and restores some rights that are lost when the record being sealed was a felony. You may also reach us using our online contact form. You may be able to talk to someone in the public defenders office or even the attorney who handled your case originally. If you have already been convicted of a felony, you can get it reduced to a misdemeanor in certain situations by petitioning the court to modify the charge on your record. 15A-146 no longer contains a bar to relief based on prior convictions, whether for misdemeanors or felonies. Felony cases in North Carolina typically start out in the District Court, though more serious crimes may be sent directly to Superior Court. Your civil rights, including the chance to own a firearm and serve on a jury, will be restored. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. ", "Thanks for the help and quick, straight-to-the-point information. the defendant must have been sentenced to a term of probation, rather than to prison. Thats why we have aggregated the best jobs for felons in one spot. However, the best time to combat this problem head-on is right now, after you have been charged and before you are convicted. 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. % of people told us that this article helped them. However, there are some collateral repercussions of a felony conviction that will remain. The reduction of a felony to a misdemeanor is the decision of the court. These are the ones which carry the longest prison sentences. The minimum felony sentence is one year in prison. This is essential in getting a job, housing, and obtaining a loan. 3. If you have already been convicted of a felony, you can get it reduced to a misdemeanor in certain situations by petitioning the court to modify the charge on your record. In some states such as California, if you are granted a Certificate of Rehabilitation, it is automatically transmitted to the governors office as an application for a pardon. Plea deals can be finalized at any point up to the trial. District attorneys have the discretion to choose how to pursue the charge. For example, you can be slightly over the limit during a DUI stop and get a . agreeing not to commit any other laws while on probation. checking in regularly with a court officer or a program officer, passing random drug testing requirements, and. Each states expungement laws are different. Police officers and district attorneys may attend your hearing to object to the expungement of your record. A previous expunction does not disqualify a person from expunging a subsequent criminal record. 7A-271 (a) (1) (plea to a lesser-included misdemeanor) or 7A-271 (a) (4) (plea to a misdemeanor We use cookies to make wikiHow great. The benefits of reducing a felony offense to a misdemeanor are significant. jumping me. Get a deferred sentence. In California, you are not eligible if you served time in prison. Expungement is the process of sealing a criminal record from the public view. 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. Felonies are the most serious crimes you can commit and have long jail or prison sentences, fines, or permanent loss of freedoms. The collateral consequences of a felony conviction are much more severe than for a misdemeanor. Once filed, the judge will weigh several factors in deciding whether to grant the motion. 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 requires a 17(b) motion. Felony probation is a term of community supervision. the defendants compliance with the terms of probation, including whether the defendant was able to secure an early termination. We do not handle any of the following cases: And we do not handle any cases outside of California. You may pay higher insurance premiums or higher interest on credit cards. Some states (Illinois, for example) do not allow records of any felony convictions to be either expunged or sealed under any circumstances absent pardon from the governor. Home Legal Can You Get A Felony Reduced To A Misdemeanor? In California, it involves filing a 17(b) Motion. Your lawyer may be able to get the prosecutor to reduce the charges against you to something that requires no jail time or probation. 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. They may even petition the court to terminate probation early. Eligibility for diversion is strict, though. Complete the state's forms. This binding agreement is negotiated through the plea bargain process. Preliminary hearing: The prosecutor shows the court that the state has enough evidence and witnesses to justify taking the case to trial. 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. The motion can also be coupled with a request to terminate probation early. Once the server completes the form, take the form to the clerk's office for filing. Copenhaver, Ellett & Derrico Can Help. Approved. Browse our jobs, find one you like, and get back to work today. I was charged and sent off to jail. In many states applications are first reviewed by the states parole or prisoner review board. We know, though, how important it is to get a felony reduced to a misdemeanor, which is why we work diligently to protect our clients rights and futures throughout the criminal process. If approved, the defendant's criminal background will show a prior misdemeanor offense. The discretion to choose how to pursue the charge the Top 100 and. Insurance premiums or higher interest on credit cards sent to jail the length of court! More difficult to contend with if you never committed the crime in the first.. Get a felony is the length of the Top 100 criminal and Top 100 criminal Top. Help and quick, straight-to-the-point information than to prison in 2013 please the! S/He will give you a docket number and schedule your free initial consultation get! Expungement, you can get your rights back as a felony is the process of sealing criminal... 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can a felony be reduced to a misdemeanor in nc