Required documents may include complete transcripts of the proceedings at trial or appeal and complete court records. Most states dont allow expungement of serious, violent felonies. (14-100) Breaking or Entering Buildings . 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. There are several factors the court will consider. You may be able to talk to someone in the public defenders office or even the attorney who handled your case originally. Offenses such as aggravated battery, spousal battery, grand theft, and possession of a controlled substance, are examples of wobblers. In either of these cases, the felony conviction is not eligible for reduction to a misdemeanor. When it comes to their employment record, having aquality resumeis essential. This article was written by Jennifer Mueller, JD. A criminal defense lawyer from a local law firm can help convicted felons drop a felony conviction to a misdemeanor. One of the goals of the new law is to reduce the wait time to expunge non-violent misdemeanors and felony convictions. These are the ones which carry the longest prison sentences. {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/a\/a7\/Reduce-Your-Student-Loan-Payments-Step-6-Version-2.jpg\/v4-460px-Reduce-Your-Student-Loan-Payments-Step-6-Version-2.jpg","bigUrl":"\/images\/thumb\/a\/a7\/Reduce-Your-Student-Loan-Payments-Step-6-Version-2.jpg\/aid1303155-v4-728px-Reduce-Your-Student-Loan-Payments-Step-6-Version-2.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"
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\n<\/p><\/div>"}. In most states, the 4 ways to reduce a felony conviction to a misdemeanor offense are to: In some cases, criminal defendants can get a felony charge reduced to a misdemeanor by pleading guilty to the lesser offense. Still, have questions? Once the server completes the form, take the form to the clerk's office for filing. All states use a similar classification system, typically dividing felonies into between three to six categories. not having to admit to a felony conviction on a housing, loan, or job application. Some criminal statutes specifically state how long probation will last.4. having to admit to a prior felony conviction on job applications or apartment applications. Felonies are serious offenses. If you have been charged with a felony, the best thing you can do is hire an experienced North Carolina criminal defense attorney as soon as possible. Include your email address to get a message when this question is answered. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. The best way to know whether you can expunge a criminal record is to establish an attorney-client relationship with a lawyer and get his or her legal advice. Some states never allow convictions to be expunged, or sealed from view. Prosecutors have discretion over which type of charge to file. Felonies which are in the lowest category are sometimes calledundesignated felonies. For families of felons in the position of wanting to reduce a felony to a misdemeanor, be there to encourage and cheer them on. [6] Petitioner has not been convicted of a felony.*. These issues can be even more difficult to contend with if you never committed the crime in the first place. The clerks office will have a list of local process-serving companies, and youll have to use one of those. ", 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/. This way, the millions of NC residents with criminal convictions can clear their records faster. 15A-146 or other statutes. (N.C. Gen. Stat. To get a felony reduced to a misdemeanor after youve been sentenced, youll need to sign a petition with your court. 2. 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 note: Our firm only handles criminal and DUI cases, and only in California. Identity Theft / Misidentification. a qualified mental health expert thinks that the defendant would respond to treatment. Misdemeanors are far more likely to be overlooked or disregarded. The same is true if the judge sentenced the defendant to probation, but then the defendant violated probation and was sent to jail. Arizona disqualifies any person convicted of a crime "involving moral turpitude or of a nature that is incompatible with the duties of a notary public" (ARS 41-330.A.2). Approximately 90% of criminal cases end with a plea bargain. It will no longer list the prior offense as a felony. wikiHow is where trusted research and expert knowledge come together. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. A petition with your court local process-serving companies, and possession of a controlled substance, are examples of.! 90 % of criminal cases end with a plea bargain address to get a felony *! Record, having aquality resumeis essential and Top 100 Civil Attorneys, and youll have to use of! Approximately 90 % of criminal cases end with a plea bargain on housing... 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