If you cannot afford an attorney, you may be eligible for the free assistance of one appointed by the court. These are at the conclusion of the preliminary hearing, the time of felony sentencing, and after completing the sentence and probation. Conviction of a felony typically carries a prison sentence and a term of probation. 15A-146 or other statutes. Multiple charges may be expunged. 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. You also will need copies of your criminal history and fingerprint records from the arresting police department. 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. There are no black and white rules dictating which felony charges can be reduced to misdemeanors. If your petition is denied, youll be informed of the reasons for its denial, the steps you can take to address those reasons, and when you can reapply to have your record sealed. Resources to help ex-offenders gain essential life skills for making the right choices in life. The person does not have or will not provide valid identification, or the provided identification cannot be verified and the person is unwilling to provide fingerprints. By reducing a felony to a misdemeanor, you can avoid many of these punishments and move on more quickly. After a period of time, during which you resolve those issues, you may well be able to reapply for expungement. 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). 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. You should consider talking to a criminal defense attorney if you find the forms or process difficult or have problems obtaining the documents or related information. Courts can only approve pretrial diversion if all of the following conditions are met: The reduction of a felony can also be obtained after felony probation. 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. Sometimes, we may look for a way to medicate our problems. California law states moral turpitude as grounds for the denial, suspension or revocation of a commission (Government Code 8214.1 [b]). Other states use a numbering system going from Class 1, the most serious, to Class 6, the least serious. 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.. 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. A criminal defense lawyer from a local law firm can help convicted felons drop a felony conviction to a misdemeanor. In Indiana, the charge must have been a "Class D" felony and not been related to a violent or sexual crime. There are strict standards for proving you are rehabilitated, and these standards differ from state to state. Even if youre successful in getting your conviction expunged, you may still have to disclose it in some instances, such as if youre applying for a professional license or a job in law enforcement. It asks the judge to reduce an eligible felony conviction to a misdemeanor. Otherwise, the sentence will carry a prison term. This means it can be resolved earlier. So what do you think about this blog post about when a felony can be reduced to a misdemeanor? Of course, it depends in which state the offense occurred. 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. Please note: Our firm only handles criminal and DUI cases, and only in California. 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 . If you have been charged with a felony, you may be able to get it reduced to a misdemeanor through plea bargaining. Having a felony on your record can cause serious problems even after youve served your sentence. This is called charge bargaining. The clerks office will let you know where to send them. Felons' lawyers will file a motion with the court to have the felony reduced. An offense that was prosecuted as a felony may also be downgraded to a misdemeanor at the time of sentencing. 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. Include your email address to get a message when this question is answered. 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. As a former Assistant District Attorney, attorney Patrick Roberts has extensive experience evaluating alleged felony offenses. Retaining an experienced criminal defense attorney can help get the charges against you dismissed or reduced from a felony to a less serious misdemeanor offense. completing treatment programs, often for sex crimes. The motion can also be coupled with a request to terminate probation early. DUI arrests don't always lead to convictions in court. Encourage them to seek further educationandtrainingto get a job, so they can succeed in living an honest life. Iowa Code 901C.3. I was charged and sent off to jail. Motions: Written requests asking court to resolve a disagreement about the law or instruct the parties to do something. the defendant consents to diversion and agrees to comply with the terms of the treatment, the defendant waives his or her right to a speedy trial, and. Felonslawyerswill file a motion with the court to have the felony reduced. Some states never allow convictions to be expunged, or sealed from view. Discovery: Both sides in collect and exchange information as they assemble evidence and witnesses for trial. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. If approved, the defendant's criminal background will show a prior misdemeanor offense. Instead, the outcome will really depend on the unique facts and circumstances of your individual case, including the nature of the alleged crime and any relevant criminal history. certification issues for certain state licensing boards, like the California State Bar, that do not recognize the reduction, and. For instance, killing another motorist while driving drunk if you have two previous DUIs is unlikely to be reduced, as this is a demonstrated pattern of dangerous and illegal behavior, which has now escalated to fatal harm. 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. Thanks to all authors for creating a page that has been read 128,328 times. Each states expungement laws are different. If you have to file your forms with a clerk of the court, expect to pay filing fees ranging from less than a hundred dollars to a few hundred dollars. at the completion of the felony probation period. Probationers who abide by the rules of their probation for the full term will complete it. 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. A hearing is then held in court. To remove a felony from your record, look into getting your record sealed or expunged. in Indiana, you must wait three years after finishing your sentence before you apply. Some misdemeanors become felonies with the addition of certain facts. If youre convicted of another crime after having a prior conviction expunged, the expunged conviction may add to the severity of your sentence. (14-100) Breaking or Entering Buildings . Reclassified: State Drug Law Reforms to Reduce Felony Convictions and . In some cases, the enhancement results in felony charges. By using our site, you agree to our. ; Arizona Statute 13-907, which restores "civil rights that were lost or suspended," but does not seal the conviction from the public. Among the reasons may be: Employment Rental applications At Coalter Law, PLLC, we not only know that its possible, but we also know the process well. Be prepared to explain how you have turned your life around and why you want to have the felony conviction removed from your record. First, check your states requirements for reducing felonies, since every state is different. Wobbler crimes are those that could be classified as a felony or a misdemeanor. The minimum felony sentence is one year in prison. . Felony charges on an individuals record can be incredibly devastating, affecting everything from employment to access to affordable housing. In this section, we offer solutions for clearing up your prior record. In California, it involves filing a 17(b) Motion. Visit our California DUI page to learn more. 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. What felony charges can be dropped to a misdemeanor? Possibly. The collateral consequences of a felony conviction are much more severe than for a misdemeanor. Jennifer Mueller is an in-house legal expert at wikiHow. certification issues for the California licensing boards that do not recognize the offense reduction. An example of data being processed may be a unique identifier stored in a cookie. Each state has the responsibility for the classification of felonies, ranging from the most serious down to those considered to be the least severe. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. 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. California Penal Code section 1001.36(b) PC. Generally you can file a petition for this certificate if you believe you are innocent of a crime for which you were convicted, and youve discovered new and exonerating evidence that wasnt available at the time of your conviction. Should you be convicted of a misdemeanor DUI, you may face . agreeing not to commit any other laws while on probation. Plea deals can be finalized at any point up to the trial. If your state requires you to serve the forms, there will be fees for that service as well. One of these is the defendants gun rights. This occurs when statutes authorize judges to punish offenders as either misdemeanants or felony offenders. Every crime in California is defined by a specific code section. You may be able to talk to someone in the public defenders office or even the attorney who handled your case originally. You simply wait until you hear back, and that can take six months or more. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. 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. The hearing may be less formal than a trial, but you should treat it with the same respect. The benefits will be worth the effort it takes. the defendant suffers from a mental health condition other than: the disorder played a significant role in the commission of the alleged offense. Police officers and district attorneys may attend your hearing to object to the expungement of your record. Use tab to navigate through the menu items. TheGuide to Getting Employed is available to those who want that goal. Shouse Law Group has wonderful customer service. 17(b) motions can be heard at any of the following stages in the criminal trial process: at the preliminary hearing, I Have Been Charged with a Felony: What Should I Do? The far-reaching consequences of a felony far surpass those of a misdemeanor. Once a conviction has been made, it is difficult to mitigate these consequences. wikiHow marks an article as reader-approved once it receives enough positive feedback. If youre eligible, ask your court clerk for the relevant forms and fill in the details of your case. Preliminary hearing: The prosecutor shows the court that the state has enough evidence and witnesses to justify taking the case to trial. Because at this point, it may still be possible to negotiate a lower charge or less severe penalties. If members of the public cannot see it, they cannot discriminate against someone for having a prior criminal conviction. 2. Can A Felony Be Dropped To A Misdemeanor? He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. The legal help you need to put your past behind you. 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":"