This article has been viewed 594,355 times. These rights include restoringgun rights, be able to serve on a jury, and obtaining a professional license. The prosecutor has to agree to the plea deal. To attempt to have charges reduced, the offense first needs to be one that can be classified as either a felony or a misdemeanor. 15A-146 no longer contains a bar to relief based on prior convictions, whether for misdemeanors or felonies. Every crime in California is defined by a specific code section. An important benefit is honestly being able to say that they have not been convicted of a felony. 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. Bolivia, NC, 28422, NEW HANOVER COUNTY Felons may have difficulty finding a job, renting an apartment or getting higher education. They often decide based on the facts of the case. For all three categories, G.S. When the clerk stamps and files your petition, s/he will give you a docket number and schedule your hearing. For example, a Federal crime as serious as terrorism will never be a misdemeanor and therefore cannot be reduced. Multiple charges may be expunged. For more tips from our Legal co-author, including how to bargain a felony down to a misdemeanor during your trial, read on. Include your email address to get a message when this question is answered. If there are two aggravating factors and a death, the offense is a Class E felony. If you were convicted of felony simple drug possession (Health and Safety code sections 11350 and 11377) or certain felony theft offenses (see below), prior to November 2014, where the value was not more than $950, you may apply to reduce your felony conviction to a misdemeanor under . 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. Felonies which are in the lowest category are sometimes calledundesignated felonies. Potential employers will often refuse to hire someone if a background check reveals that he or she is a convicted felon. An example of reducing a felony offense to a misdemeanor is if the defendant is charged with DUI causing injury (Vehicle Code 23153 VC). A hearing is then held in court. In California, this offense can be charged as a felony. The server must complete and sign a "Proof of Service" or "Affidavit of Service." Some common criminal offenses that are wobblers include: These offenses are eligible for a 17(b) motion to reduce the felony conviction to a misdemeanor. Find housing for felons, listed by state. Sign up for wikiHow's weekly email newsletter. Your lawyer may be able to get the prosecutor to reduce the charges against you to something that requires no jail time or probation. Some are available even before the defendant is charged. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Some states allow the expungement of arrests only. California Penal Code section 1001.36(b) PC. You may also reach us using our online contact form. You generally dont have to do anything if your petition is granted. We sometimes earn affiliate links when you click through the affiliate links on our website. Once you have been arrested and the prosecution starts preparing their case against you, additional, damning evidence may be brought to light. 15A-146 contain a bar to relief based on prior expunctions, whether obtained under G.S. In these states, misdemeanors are far more likely to be eligible for an expungement. Research source [6] Information on this site is not legal advice and is strictly informational and may be outdated. 414 Chestnut St, Unit 303. For example, you may be required to wait a certain number of years after finishing your sentence, and your state might only reduce certain types of felonies. If you are pardoned, the conviction will remain on your record. This way, the millions of NC residents with criminal convictions can clear their records faster. completing treatment programs, often for sex crimes. wikiHow marks an article as reader-approved once it receives enough positive feedback. 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. The far-reaching consequences of a felony far surpass those of a misdemeanor. "Wobbler" Example. Motions: Written requests asking court to resolve a disagreement about the law or instruct the parties to do something. Those factors vary from state to state. This article has been viewed 128,328 times. Defendants generally must: This strict eligibility makes it fairly rare for it to be available for defendants charged with a felony. "This was great to help you in obtaining resources for getting the process going. Don's attorney tells the prosecutor that Walt probably embellished his testimony in order to get Don into more trouble. The defendant then has to complete the terms of the diversion program. For example, an accused person might be pressured to give a false confession after being unlawfully interrogated. If the judge denies your request for expungement, ask him/her to list the reasons for the denial and to explain what you can do in response. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. the defendants compliance with the terms of probation, including whether the defendant was able to secure an early termination. If youre convicted of another crime after having a prior conviction expunged, the expunged conviction may add to the severity of your sentence. This form should be available from the clerk's office. 2. Plea deals can be finalized at any point up to the trial. Continue with Recommended Cookies. By showing that those facts are not present, defendants can get the criminal charge reduced to a misdemeanor. Then, go to the state court or probation office to fill out the appropriate forms. Below the level of felonies, of course, are misdemeanors. The benefits of reducing a felony offense to a misdemeanor are significant. Defendants sentenced to probation have to follow the terms of their community supervision. This blog post will address the question of when a felony can be reduced to a misdemeanor. Certificates of Actual Innocence serve to overturn wrongful convictions. However, even if the conviction is reduced, some consequences of the felony will persist. Preliminary hearing: The prosecutor shows the court that the state has enough evidence and witnesses to justify taking the case to trial. ", 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/. agreeing not to commit any other laws while on probation. The judge will then suspend the sentence. The board then submits its recommendations to the governors office. If you want to ensure the protection of your rights, obtaining legal counsel is a good idea. Get The Help You Need On Your Case Call : 336-646-7977. Felonslawyerswill file a motion with the court to have the felony reduced. Sometimes, we may look for a way to medicate our problems. There are stories of success and tips for presenting themselves in a favorable light. It may not feel like it, but you actually have the most power to positively affect the outcome at this point. 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. The hearing may be less formal than a trial, but you should treat it with the same respect. 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. It lasts for 3 years for grand theft involving $25,000 or more. You may wind up pleading guilty to something, but you can try to keep it to a minimum. Consumption of an impairing substance; or b. Once filed, the judge will weigh several factors in deciding whether to grant the motion. Expungement is the process of sealing a criminal record from the public view. If you have been charged with a felony, in many ways you are fighting for your life and your livelihood. assault with a deadly weapon (Penal Code 245(a)(1) PC). Reclassified: State Drug Law Reforms to Reduce Felony Convictions and . 3972 Business Hwy 17 East, Unit E Conviction of a felony typically carries a prison sentence and a term of probation. Some states also require letters from witnesses testifying to your character and rehabilitation since your release. Our website is supported by our users. After a period of time, during which you resolve those issues, you may well be able to reapply for expungement. The most important components of the change are detailed below: Misdemeanor convictions can now be expunged after 5 years instead . One of the stipulations for deciding whether a crime is considered to be a felony is the length of the sentence. A felony conviction can affect nearly all aspects of a persons life, from their ability to drive and vote, to their housing and employment prospects not to mention jail time, fines, and other more immediate penalties. This includes successfully completing any probation period and paying all fines. To learn how to get a certificate of actual innocence, keep reading! Some require that you complete your sentence, including any probation, and establish that youve engaged in no criminal activity for a prescribed period of time since. The infliction of a corporal injury is what separates the misdemeanor from the wobbler offense. Approximately 90% of criminal cases end with a plea bargain. 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. 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. Misdemeanors usually involve jail time, smaller fines, and temporary punishments. How Misdemeanor Sentencing Works in North Carolina. If your state requires you to serve the forms, there will be fees for that service as well. A charge of statutory rape carries serious criminal penalties, including a listing on the sex-offender registry. Its because of this, as well as the social stigma of being considered a felon, that many people wonder if its possible to get a felony reduced to a misdemeanor charge. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. Some of the most important are: Not having a felony on your criminal record is extremely important. These collateral consequences are penalties and obstacles that come from outside the criminal justice system. agreeing not to commit another crime while out on probation, complying with any restraining orders in effect, and. ", "Thanks for the help and quick, straight-to-the-point information. becoming ineligible for some professional certifications. Se Habla espaol. Most states dont allow expungement of serious, violent felonies. Know when the waiting period starts. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. the defendant suffers from a mental health condition other than: the disorder played a significant role in the commission of the alleged offense. This may only be an option for certain criminal offenses. 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. Iowa Code 901C.3. One of these is the defendants gun rights. Other states allow certain offenses to be expunged, but not others. % of people told us that this article helped them. If the charge was a wobbler, the sentencing judge must have imposed a term of probation. She received her JD from Indiana University Maurer School of Law in 2006. Copyright 2023 Shouse Law Group, A.P.C. 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. Felony cases in North Carolina typically start out in the District Court, though more serious crimes may be sent directly to Superior Court. 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. There are no black and white rules dictating which felony charges can be reduced to misdemeanors. The judge will want to see that you have been able to stay out of trouble and are not likely to commit another crime. Offenses that Can Be Classified as a Felony or Misdemeanor. For example, you can be slightly over the limit during a DUI stop and get a . This is when felon applicants can make their case. Again, court time is precious, and jail space is limited. Visit our California DUI page to learn more. Once a conviction has been made, it is difficult to mitigate these consequences. You simply wait until you hear back, and that can take six months or more. There are strict standards for proving you are rehabilitated, and these standards differ from state to state. Any felony charge in North Carolina could potentially be dropped to a misdemeanor. These are the ones which carry the longest prison sentences. regularly meeting with a probation officer, complying with restraining orders, for crimes of. References. What felony charges can be dropped to a misdemeanor? For example, a diversion program for a drug crime will often involve: Successfully completing the program will lead to the charges being dropped or reduced. In either of these cases, the felony conviction is not eligible for reduction to a misdemeanor. a. 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. Your civil rights, including the chance to own a firearm and serve on a jury, will be restored. Some criminal statutes specifically state how long probation will last.4. 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. ; Texas Government Code 411.073 and 411.0735.; Montana Code 46-18-1101.; CRS 24-72-704 to 24-72-70, which only allows certain felony offenses involving drugs to be expunged. The terms of the program are designed to rehabilitate the defendant. The same is true if the judge sentenced the defendant to probation, but then the defendant violated probation and was sent to jail. whether the defendant violated any of the terms and conditions of their felony probation, the offense must have been a wobbler, and. (14-100) Breaking or Entering Buildings . 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. Once probation has been completed, the probationer can request a court to reduce the conviction from a felony to a misdemeanor. Visit our California DUI page to learn more. This article was co-authored by Clinton M. Sandvick, JD, PhD. Then, support those jobs with housing options, legal help, and the resources you need to successfully integrate back into society. Do not pursue a Certificate of Actual Innocence without legal representation. 17(b) motions can be heard at any of the following stages in the criminal trial process: at the preliminary hearing, Definitely recommend! 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. be first-time offenders, or have very little on their criminal record, be charged with a non-violent offense, and. By using our site, you agree to our. In this section, we offer solutions for clearing up your prior record. But there is an opportunity available to those who want it. 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. For those who have been convicted of a crime, they know the consequences a sentence can have on their lives. at the completion of the felony probation period. For any further questions, please contact a lawyer directly. There are several factors the court will consider. If it is, pleading guilty to a wet reckless would reduce the offense to a misdemeanor. I was recently charged when I was only trying to scare the people from. Include your email address to get a message when this question is answered. I listed my place of residence trying to help these folks because they had no where to go themselves. The basic eligibility criteria to obtain an expunction are the same for the three categories of dismissals and acquittals. 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":"