It asks the judge to reduce an eligible felony conviction to a misdemeanor. Contact the experienced North Carolina criminal defense attorneys at Coastal South Law today to schedule a consultation. Child Abuse Penalties and Sentences. Criminal Defense And Immigration Considerations. 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. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. Jennifer Mueller is an in-house legal expert at wikiHow. When the clerk stamps and files your petition, s/he will give you a docket number and schedule your hearing. Consumption of an impairing substance; or b. 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 Information on this site is not legal advice and is strictly informational and may be outdated. In California, this offense can be charged as a felony. Reclassified: State Drug Law Reforms to Reduce Felony Convictions and . The collateral consequences are significantly less for a misdemeanor. Required documents may include complete transcripts of the proceedings at trial or appeal and complete court records. I was recently charged when I was only trying to scare the people from. ", "Very informative and written so that the steps are easy to understand. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. 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. In either of these cases, the felony conviction is not eligible for reduction to a misdemeanor. This article was written by Jennifer Mueller, JD. Felonies are serious offenses. ", "It told me what and how to get it expunged.". He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. The benefit of reducing a felony to a misdemeanor has to do with restoring some of the rights that are lost as a result of a felony conviction. 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":"
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\n<\/p><\/div>"}, What to Do If Someone Is Blackmailing You: How to Stop a Blackmailer. 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 . Youll pay fees to file your expungement request, which usually amount to a few hundred dollars. Can a Felony be Reduced to a Misdemeanor in North Carolina? By using our site, you agree to our. Doing the things that it will take to reach that goal and getting that felony reduced will be challenging, but what hasnt been since leaving prison? Each state has the responsibility for the classification of felonies, ranging from the most serious down to those considered to be the least severe. They often decide based on the facts of the case. 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. Eligibility for diversion is strict, though. An offense that was prosecuted as a felony may also be downgraded to a misdemeanor at the time of sentencing. A criminal record can affect job, immigration, licensing and even housing opportunities. This blog post will address the question of when a felony can be reduced to a misdemeanor. The judge or parole board must decide if youve been successfully rehabilitated, so you may be asked questions about your education, home and family life, financial health, physical well-being, and employment. Sometimes, we may look for a way to medicate our problems. Some misdemeanors become felonies with the addition of certain facts. Include your email address to get a message when this question is answered. There are four classes of misdemeanors in Virginia. If you want to ensure the protection of your rights, obtaining legal counsel is a good idea. Do not pursue a Certificate of Actual Innocence without legal representation. Nor does G.S. Police officers and district attorneys may attend your hearing to object to the expungement of your record. They can last for years after the sentence has been served. Occasionally, defendants will be eligible to get a reduction in their charges by completing a diversion program. becoming ineligible for some professional certifications. 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. 414 Chestnut St, Unit 303. Please note: Our firm only handles criminal and DUI cases, and only in California. Be convicted in court complete transcripts of the proceedings at trial or appeal and complete court records expungement your... 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