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). checking in regularly with a court officer or a program officer, passing random drug testing requirements, and. There are numerous important benefits in getting a reduction. 14-415.4, became effective February 1, 2011, meaning that a person who meets the criteria in that statute is eligible for restoration whether his or her offense or conviction occurred before or after February . A 17(b) motion is a court petition. A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). Criminal Defense And Immigration Considerations. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. Certain restrictions will remain on felons records, such as in those states that have a three-strike law or when felons are registered sex offenders, who will be required to continue this registration. In California, this offense can be charged as a felony. [5] You may need to file other documents with the form, such as copies of your criminal record or the final order of conviction. We do not handle any of the following cases: And we do not handle any cases outside of California. Your lawyer may be able to get the prosecutor to reduce the charges against you to something that requires no jail time or probation. ", 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/. Misdemeanors are far more likely to be overlooked or disregarded. 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. 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. At Coalter Law, PLLC, we not only know that its possible, but we also know the process well. This process can begin as early as the arraignment. Make several copies of the documents, return them to the clerk, and pay the filing fee. Other common felony crimes include theft, burglary, aggravated robbery, and aggravated assault. 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. If you have been charged with a felony, in many ways you are fighting for your life and your livelihood. Some states do not allow you to expunge felonies at all. Sign up for wikiHow's weekly email newsletter. wikiHow is where trusted research and expert knowledge come together. 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. Consider this hypothetical: Don is charged with attempted murder, a felony, as a result of a fight between Don and Vic. 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. The clerks office will let you know where to send them. % of people told us that this article helped them. If youre convicted of another crime after having a prior conviction expunged, the expunged conviction may add to the severity of your sentence. Spousal battery (Penal Code 243 PC) is a misdemeanor. If the charge was a wobbler, the sentencing judge must have imposed a term of probation. "Wobbler" Example. We use cookies to make wikiHow great. 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. maintaining stable employment status or being a full-time student. Even if misdemeanor punishments are not necessarily as harsh as felonies, they can still represent negative, life-altering consequences. To learn how to get a certificate of actual innocence, keep reading! By using our site, you agree to our. The terms of the program are designed to rehabilitate the defendant. certification issues for certain state licensing boards, like the California State Bar, that do not recognize the reduction, and. Wobbler crimes are those that could be classified as a felony or a misdemeanor. This form should be available from the clerk's office. 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. 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. Doctor of Law, University of Wisconsin-Madison. Felony charges on an individuals record can be incredibly devastating, affecting everything from employment to access to affordable housing. Visit our California DUI page to learn more. Our website is supported by our users. 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. The benefits will be worth the effort it takes. Can A Felony Be Dropped To A Misdemeanor? Dress neatly and conservatively, and arrive early with copies of all the documents youve filed. In most states, child abuse may be charged as either a felony or a less serious misdemeanor offense, depending on the circumstances. Manage Settings A plea bargain could help you avoid the harshest possible sentence and a jury trial by agreeing to negotiated terms and conditions, such as serving a specified amount of jail time, completing an alcohol treatment program, or other agreed-upon terms. The prosecutor realizes that Walt may not be a good witness, and offers to drop the attempted murder charge if Don will plead guilty to battery, which is only a misdemeanor. regularly meeting with a probation officer, complying with restraining orders, for crimes of. 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. Then, support those jobs with housing options, legal help, and the resources you need to successfully integrate back into society. 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. 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. The defense can try to prevent evidence from being used at trial by arguing why it should be excluded. Documents for sealing your criminal record may be available at a state court or probation office. 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 your request is granted, the judge will order that your criminal record be modified to reduce the felony charge to a misdemeanor. Some states never allow convictions to be expunged, or sealed from view. Sometimes, we may look for a way to medicate our problems. To remove a felony from your record, look into getting your record sealed or expunged. Any felony charge in North Carolina could potentially be dropped to a misdemeanor. It will no longer list the prior offense as a felony. 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. However, you must maintain a clean record during that waiting period. To learn how to get a certificate of actual innocence, keep reading! A charge of statutory rape carries serious criminal penalties, including a listing on the sex-offender registry. In other states the waiting period begins the day youre convicted. Method 1 Plea Bargaining a Felony Down to a Misdemeanor Download Article 1 Get a lawyer. A lawyer can then provide the legal advice needed to expunge the criminal charge from their record. The basic eligibility criteria to obtain an expunction are the same for the three categories of dismissals and acquittals. The motion can also be coupled with a request to terminate probation early. Finding employment as a felon is tough. For those who have been convicted of a crime, they know the consequences a sentence can have on their lives. Copenhaver, Ellett & Derrico Can Help. If you do not accept a plea bargain and are found guilty at trial, you are likely to face a much harsher punishment than what you could have accepted under the plea deal. 414 Chestnut St, Unit 303. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. Felony convictions are more serious than misdemeanors. When it comes to their employment record, having aquality resumeis essential. This way, the millions of NC residents with criminal convictions can clear their records faster. One of the goals of the new law is to reduce the wait time to expunge non-violent misdemeanors and felony convictions. TheGuide to Getting Employed is available to those who want that goal. In some states you must first complete any period of probation and pay all fines. 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 convictions can be expunged 4 years from the conviction date or completion of any sentence, whichever is later. 17(b) motions can be heard at any of the following stages in the criminal trial process: at the preliminary hearing, For more tips from our Legal co-author, including how to bargain a felony down to a misdemeanor during your trial, read on. Elsewhere it may begin on the day you leave jail. 15A-146 or other statutes. This occurs when statutes authorize judges to punish offenders as either misdemeanants or felony offenders. However, there are some collateral repercussions of a felony conviction that will remain. 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. Shouse Law Group has wonderful customer service. Nor does G.S. 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. Information on this site is not legal advice and is strictly informational and may be outdated. He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. 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