For example, if youve been working for the same employer since you were released or have earned an associate degree, documentation of these accomplishments should accompany your petition. Include your email address to get a message when this question is answered. Constitutional claims leading to Certificates of Actual Innocence often are brought by nonprofit legal-aid societies such as the. Other states use a numbering system going from Class 1, the most serious, to Class 6, the least serious. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. ", "Thanks for the help and quick, straight-to-the-point information. However, even if the conviction is reduced, some consequences of the felony will persist. Se Habla espaol. As a former Assistant District Attorney, attorney Patrick Roberts has extensive experience evaluating alleged felony offenses. Doing so should be done as soon as possible, though, because the sooner you obtain a lawyer, the more time they have to review your case and build a strong defense. Before a felony can be reduced to a misdemeanor, it needs to first be a violation considered a crime which allows "wiggle room," as in, one that is eligible for a misdemeanor charge in the first place. The court will ask why a defendant is seeking a reduction. 2023 Coalter Law, PLLC All Rights Reserved A skilled criminal defense attorney can file a 17(b) motion and begin the process. By using our site, you agree to our. Be prepared to explain how you have turned your life around and why you want to have the felony conviction removed from your record. In the lowest class of felonies are such crimes as possession of a small amount of certain drugs, receiving a stolen firearm, Internet gambling, or sale of child pornography. DUI causing injury (Vehicle Code 23153 VC), spousal battery causing corporal injuries (Penal Code 273.5 PC), drug diversion program (Penal Code 1000 PC), mental health diversion (Penal Code 1001.36 PC), military or veterans diversion (Penal Code 1001.81 PC), assault with a deadly weapon (Penal Code 245(a)(1) PC). You may be able to talk to someone in the public defenders office or even the attorney who handled your case originally. Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, 2023 Coalter Law, PLLC All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters. 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. Information on this site is not legal advice and is strictly informational and may be outdated. 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. Copyright 2023 Shouse Law Group, A.P.C. In exchange for the guilty plea to the misdemeanor, the district attorney will drop the felony charges. Consider this hypothetical: Don is charged with attempted murder, a felony, as a result of a fight between Don and Vic. 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. a qualified mental health expert thinks that the defendant would respond to treatment. 15A-146 or other statutes. Resources to help ex-offenders gain essential life skills for making the right choices in life. Wobbler crimes are those that could be classified as a felony or a misdemeanor. The clerks office will have a list of local process-serving companies, and youll have to use one of those. A criminal record can affect job, immigration, licensing and even housing opportunities. "Wobbler" Example. The most severe child abuse cases can carry harsh sentences, including felony lifetime sentences, while the least serious misdemeanor cases might potentially result in no . This, of course, depends on the circumstances of your case such as the evidence against you and how clean your criminal history is. This requires a 17(b) motion. Save my name, email, and website in this browser for the next time I comment. Call our Greensboro office at 336-646-7977 and schedule your free initial consultation. assault with a deadly weapon (Penal Code 245(a)(1) PC). A hearing is then held in court. Plea deals can be finalized at any point up to the trial. Californias criminal law has 3 types of pretrial diversion programs: Only mental health diversion is available for felony-level offenses. 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. "Very interesting information to know. I was recently charged when I was only trying to scare the people from. Some of them can be quite strict. These rights include restoringgun rights, be able to serve on a jury, and obtaining a professional license. Thanks to all authors for creating a page that has been read 128,328 times. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. drug possession, like possession of marijuana. A criminal record with a felony on it will trigger more collateral consequences. Your lawyer may be able to get the prosecutor to reduce the charges against you to something that requires no jail time or probation. Is getting legal counsel absolutely necessary? Doctor of Law, University of Wisconsin-Madison. "Great help in getting the ball rolling in accomplishing said tasks for myself, hopefully will be successful in. Reducing the offense has many benefits, and can help expunge the offense. Occasionally, defendants will be eligible to get a reduction in their charges by completing a diversion program. In other states the waiting period begins the day youre convicted. wikiHow is where trusted research and expert knowledge come together. Felony convictions are more serious than misdemeanors. Expunging a misdemeanor, though, has more benefits than expunging a felony. Do not pursue a Certificate of Actual Innocence without legal representation. Preliminary hearing: The prosecutor shows the court that the state has enough evidence and witnesses to justify taking the case to trial. An expunged misdemeanor preserves and restores some rights that are lost when the record being sealed was a felony. Get The Help You Need On Your Case Call : 336-646-7977. TheGuide to Getting Employed is available to those who want that goal. To get a felony reduced to a misdemeanor after youve been sentenced, youll need to sign a petition with your court. You are still eligible if you were granted probation or only served time in county jail. Sign up for wikiHow's weekly email newsletter. whether the defendant violated any of the terms and conditions of their felony probation, the offense must have been a wobbler, and. 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). Diversion programs are options early in the criminal justice process. Generally you cannot have had any further brushes with the law and must be a responsible and law-abiding member of the community. Please complete the form below and we will contact you momentarily. The length of time you have to wait can depend on several factors, including your age and the severity of the crime. District attorneys have the discretion to choose how to pursue the charge. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); This website was created by a few folks who have personally watched their loved ones struggle to get a job due to having a felony. 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. The state Legislature passed a law last year that allows people with non-violent felony convictions to ask a court to reduce them to misdemeanors but they have to maintain a clean record for . For example, possession of marijuana can be charged at either level, depending on the amount of the substance allegedly on the person at the time of arrest. completing treatment programs, often for sex crimes. So what do you think about this blog post about when a felony can be reduced to a misdemeanor? (14-100) Breaking or Entering Buildings . It lasts for 3 years for grand theft involving $25,000 or more. . In these states, misdemeanors are far more likely to be eligible for an expungement. Possibly. 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. If you have been charged with a felony, you may be able to get it reduced to a misdemeanor through plea bargaining. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. The collateral consequences are significantly less for a misdemeanor. Certificates of Actual Innocence serve to overturn wrongful convictions. This form is encrypted and protected by attorney-client confidentiality. The reason most felony cases begin in District Court is because it gives investigators, as well as a defendants attorney, time to review the charges and evidence in the case. Visit our California DUI page to learn more. They were so pleasant and knowledgeable when I contacted them. However, a notice will be added, stating that youve been pardoned (forgiven) for committing the crime. Jennifer Mueller is an in-house legal expert at wikiHow. If the charge was a wobbler, the sentencing judge must have imposed a term of probation. collateral consequences from the federal government, which might still consider the conviction to be a felony offense. The judge will then suspend the sentence. 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. 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. Contact the experienced North Carolina criminal defense attorneys at Coastal South Law today to schedule a consultation. Dress neatly and conservatively, and arrive early with copies of all the documents youve filed. Felonies are serious offenses. received a sentence of probation, rather than a county jail or state prison sentence. 1. Finding employment as a felon is tough. Some criminal statutes specifically state how long probation will last.4. They can last for years after the sentence has been served. This article has been viewed 128,328 times. being granted my freedoms once again. {"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":"