Shouse Law Group has wonderful customer service. If the judge grants your expungement, you need copies of the signed Expungement Order to deliver to law enforcement agencies. agreeing not to commit any other laws while on probation. Can a Felony be Reduced to a Misdemeanor in North Carolina? If the state requires you to serve your expungement papers to law enforcement officials, understand that you cannot do this yourself. This article has been viewed 594,355 times. While it is unlikely this charge would be dropped significantly, there may still be room to negotiate a plea bargain. being granted my freedoms once again. If you cannot afford an attorney, you may be eligible for the free assistance of one appointed by the court. To remove a felony from your record, look into getting your record sealed or expunged. A 17(b) motion is a court petition. Offenses that Can Be Classified as a Felony or Misdemeanor. Chapter 15A-145.4 of the North Carolina General Statutes applies to all felonies and misdemeanors with the following exceptions: Class A through G felonies; A felony that includes assault as an essential element of the offense having to admit to a prior felony conviction on job applications or apartment applications. 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. Can A Felony Be Dropped To A Misdemeanor? 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. certification issues for the California licensing boards that do not recognize the offense reduction. Our website is supported by our users. It may not feel like it, but you actually have the most power to positively affect the outcome at this point. It asks the judge to reduce an eligible felony conviction to a misdemeanor. This form is encrypted and protected by attorney-client confidentiality. However, you must maintain a clean record during that waiting period. Other common felony crimes include theft, burglary, aggravated robbery, and aggravated assault. By signing up you are agreeing to receive emails according to our privacy policy. Preliminary hearing: The prosecutor shows the court that the state has enough evidence and witnesses to justify taking the case to trial. Bolivia, NC, 28422, NEW HANOVER COUNTY There is no appeal if your application is denied, although you may be able to reapply after a few years. The prosecutor has to agree to the plea deal. The clerks office will have a list of local process-serving companies, and youll have to use one of those. When it is an option, though, a criminal defense attorney from a reputable law firm may be able to help use diversion to reduce the offense to a misdemeanor. After researching to assist a family member with finding work, Ron realized that the information he required wasnt reliable. If your request is granted, the judge will order that your criminal record be modified to reduce the felony charge to a misdemeanor. This includes successfully completing any probation period and paying all fines. 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. Thats why we have aggregated the best jobs for felons in one spot. sex offender registration requirements, if the felony was an eligible sex crime, if the felony was a serious or a violent one that added a strike under, collateral consequences from the federal government, and. Still, have questions? To learn how to get a certificate of actual innocence, keep reading! The terms of the program are designed to rehabilitate the defendant. 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 . Your lawyer may be able to get the prosecutor to reduce the charges against you to something that requires no jail time or probation. In this section, we offer solutions for clearing up your prior record. After you submit your documents, prepare to attend a hearing, if necessary. 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. NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION CLASSIFICATION OF A SAMPLE OF OFFENSES . Every crime in California is defined by a specific code section. The hearing may be less formal than a trial, but you should treat it with the same respect. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Sometimes, we may look for a way to medicate our problems. Misdemeanors usually involve jail time, smaller fines, and temporary punishments. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. Reclassified: State Drug Law Reforms to Reduce Felony Convictions and . This is essential in getting a job, housing, and obtaining a loan. drug possession, like possession of marijuana. 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. Should you be convicted of a misdemeanor DUI, you may face . 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. Iowa Code 901C.3. One of the goals of the new law is to reduce the wait time to expunge non-violent misdemeanors and felony convictions. Definitely recommend! A criminal record with a felony on it will trigger more collateral consequences. 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":"