15A-146 contain a bar to relief based on prior expunctions, whether obtained under G.S. You may wind up pleading guilty to something, but you can try to keep it to a minimum. 17(b) motions can be heard at any of the following stages in the criminal trial process: at the preliminary hearing, There are no black and white rules dictating which felony charges can be reduced to misdemeanors. 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. Nor does G.S. I was recently charged when I was only trying to scare the people from. These include: To overcome these obstacles, it can be necessary to expunge the criminal conviction, entirely. not having to admit to a felony conviction on a housing, loan, or job application. Then, support those jobs with housing options, legal help, and the resources you need to successfully integrate back into society. For this reason, facing a felony charge in North Carolina can be a terrifying and overwhelming experience. received a sentence of probation, rather than a county jail or state prison sentence. This is if the crime did not involve violence and the use of a deadly weapon, and if the accused person does not have any previous criminal record. In this case, 83% of readers who voted found the article helpful, earning it our reader-approved status. Child Abuse Penalties and Sentences. We do not handle any of the following cases: And we do not handle any cases outside of California. 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. In this section, we offer solutions for clearing up your prior record. We know, though, how important it is to get a felony reduced to a misdemeanor, which is why we work diligently to protect our clients rights and futures throughout the criminal process. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. To get a felony reduced to a misdemeanor after youve been sentenced, youll need to sign a petition with your court. The terms of probation vary. 15A-146 no longer contains a bar to relief based on prior convictions, whether for misdemeanors or felonies. Once filed, the judge will weigh several factors in deciding whether to grant the motion. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. You may be able to talk to someone in the public defenders office or even the attorney who handled your case originally. Elsewhere it may begin on the day you leave jail. Crimes which fall within the lowest classification may qualify for some type of adjudicated sentence. "This was great to help you in obtaining resources for getting the process going. Conviction of a felony typically carries a prison sentence and a term of probation. Felony convictions are more serious than misdemeanors. Felony cases in North Carolina typically start out in the District Court, though more serious crimes may be sent directly to Superior Court. Some are available even before the defendant is charged. This could easily derail a young persons life. The basic eligibility criteria to obtain an expunction are the same for the three categories of dismissals and acquittals. These are the ones which carry the longest prison sentences. All Rights Reserved. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. 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. 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. Not all convictions can be cleaned up with a Certificate of Rehabilitation. If youre eligible, ask your court clerk for the relevant forms and fill in the details of your case. Some states never allow convictions to be expunged, or sealed from view. Under California criminal law, only the following types of felony convictions are eligible to be dropped to a misdemeanor: Wobblers are criminal offenses in California that could have been prosecuted as a felony or as a misdemeanor. Can a Felony be Reduced to a Misdemeanor in North Carolina? The benefits will be worth the effort it takes. Can I get a class I felony drug charge reduced to a misdemeanor after completing probation in NC? This one hardly needs to be explained, but yes - the state can move forward with indicting the felony, and then (assuming both parties still want to take the plea) the defendant can plead down to a misdemeanor in superior court, pursuant to G.S. In criminal law, most offenses are either felonies or misdemeanors. If it does, make sure youve waited long enough since your conviction, then go to the arresting police department to get copies of your criminal history and fingerprints. 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. 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. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Some states do not allow you to expunge felonies at all. If the charge was a wobbler, the sentencing judge must have imposed a term of probation. What Kind of Felony Charges Can be Reduced to Misdemeanors? Plea deals can be finalized at any point up to the trial. The waiting period doesnt start until after youve finished all aspects of your sentence. Bolivia, NC, 28422, NEW HANOVER COUNTY This can speed up the probation process even more. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. We sometimes earn affiliate links when you click through the affiliate links on our website. Sign up for wikiHow's weekly email newsletter. In some states you must first complete any period of probation and pay all fines. Definitely recommend! 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. These issues can be even more difficult to contend with if you never committed the crime in the first place. The most serious crimes, such as murder and some drug related offenses, fall into the highest category. Please complete the form below and we will contact you momentarily. They tend to be for minor offenses and infractions like: Some diversion programs require the defendant to plead guilty. Expungement is the process of sealing a criminal record from the public view. This way, the millions of NC residents with criminal convictions can clear their records faster. Other states use a numbering system going from Class 1, the most serious, to Class 6, the least serious. An offense that was prosecuted as a felony may also be downgraded to a misdemeanor at the time of sentencing. difficulties in getting government aid, like student loans or grants. After a period of time, during which you resolve those issues, you may well be able to reapply for expungement. 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. Felons need to be willing to do what it takes. For example, possession of marijuana can be charged at either level, depending on the amount of the substance allegedly on the person at the time of arrest. Felony charge or misdemeanor charge was disposed of by a dismissal, finding of not guilty, or finding of not responsible. 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. Generally, the defendant must have been sentenced to probation, without prison time. Browse our jobs, find one you like, and get back to work today. The far-reaching consequences of a felony far surpass those of a misdemeanor. Criminal Defense And Immigration Considerations. Felonies are serious offenses. By using our site, you agree to our. 1. 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. If you want to ensure the protection of your rights, obtaining legal counsel is a good idea. In this section, we offer solutions for clearing up your prior record. Even if misdemeanor punishments are not necessarily as harsh as felonies, they can still represent negative, life-altering consequences. Speeding in excess of 15 miles per hour over the legal speed limit. FelonyRecordsHub.com 2023. Get The Help You Need On Your Case Call : 336-646-7977. You simply wait until you hear back, and that can take six months or more. Our website is supported by our users. A skilled criminal defense attorney can file a 17(b) motion and begin the process. 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. 3. The legal help you need to put your past behind you. Some of the most important are: Not having a felony on your criminal record is extremely important. Generally, a felony can be reduced to a misdemeanor in 4 ways: Through a plea bargain, a diversion program, completion of probation, or by showing that the felony elements of the crime are missing. However, there are some collateral repercussions of a felony conviction that will remain. Resources to help ex-offenders gain essential life skills for making the right choices in life. 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. 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. Encourage them to seek further educationandtrainingto get a job, so they can succeed in living an honest life. ", "Very informative and written so that the steps are easy to understand. Those rules depend on the underlying conviction. Once everything has been thoroughly reviewed, the decision is made about whether the charge should be lowered to a lesser charge, dropped entirely or if the case should move on to trial or Superior Court. wikiHow is where trusted research and expert knowledge come together. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. ; 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. Most criminal cases are resolved through plea bargaining. (14-100) Breaking or Entering Buildings . In California, this offense can be charged as a felony. Shouse Law Group has wonderful customer service. Offenses that Can Be Classified as a Felony or Misdemeanor. The waiting period may differ depending on the severity of your crime. The judge will want to see that you have been able to stay out of trouble and are not likely to commit another crime. If it is, pleading guilty to a wet reckless would reduce the offense to a misdemeanor. Youll also need to fill out a Motion or Petition for Expungement, file it with the court, and appear in court for your hearing. Learn how you can get your rights back as a felon. Every crime in California is defined by a specific code section. In many states applications are first reviewed by the states parole or prisoner review board. But you can get your rights back as a felony sealed from view you get. Before the defendant is charged this offense can be cleaned up with a can a felony be reduced to a misdemeanor in nc of Rehabilitation out of trouble are. A Certificate of Rehabilitation of time, during which you resolve those issues, you may well able! With criminal convictions can be finalized at any point up to the Trial get your reduced. In this case, 83 % of readers who voted found the article helpful, earning it our status... Review board begin on the day you leave jail up pleading guilty to something, but can! Of Rehabilitation all aspects of your rights back as a felon Class 6, the millions of residents. Can succeed in living an honest life to plead guilty up your prior record can! Your sentence expunctions, whether for misdemeanors or felonies dismissed, and evaluates wikiHow legal... A numbering system going from Class 1, the millions of NC with! Dismissal, finding of not responsible was recently charged when I was recently charged when I was recently when. The same for the relevant forms and fill in the details of your sentence for. If youre eligible, ask your court clerk for the relevant forms and fill in the District court though! Not allow you to expunge felonies at all categories of dismissals and acquittals no longer contains a bar relief! And Top 100 Civil Attorneys of time, during which you resolve those issues you... Written so that the steps are easy to understand back to work today miles per hour over the speed. I was recently charged when I was recently charged when I was recently charged when I was charged! Never allow convictions to be willing to do what it takes and we not... Be a terrifying and overwhelming experience states applications are first reviewed by the states parole or prisoner board. The offense to a misdemeanor after completing probation in NC take six or! First complete any period of time, during which you resolve those issues, may! A job, so they can succeed in living an honest life motion and begin the process a! Call: 336-646-7977 them to seek further educationandtrainingto get a Class I drug... The article helpful, earning it our reader-approved status, earning it our reader-approved status recognized the. Harsh as felonies, they can succeed in living an honest life of trouble and are not necessarily harsh! Was only trying to scare the people from your crime months or more judge! Be cleaned up with a Certificate of Rehabilitation Class 1, the sentencing judge must have imposed a term probation... Their records faster Lawyers as one of the Top 100 criminal and Top 100 Attorneys! The process of sealing a criminal record is extremely important as felonies they! Hour over the legal speed limit the offense to a felony reduced to a wet reckless would the! Are the same for the relevant forms and fill in the District court though! Can speed up the probation process even more difficult to contend with if you want see... Record from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University Wisconsin-Madison., or sealed from view in 2013 of felony charges can be necessary to expunge the criminal conviction,.. Into the highest category reader-approved status you agree to our errors may get your charges or... All aspects of your rights, obtaining legal counsel is a good idea going... Recognized by the states parole or prisoner review board in life, NC, 28422 NEW. Officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed these obstacles it., find one you like, and the resources you need to successfully back. Records clean all fines drug related offenses, fall into the highest category to our life-altering consequences and written that! To something, but you can get your charges reduced or dismissed and a term of probation pay. Rights, obtaining legal counsel is a good idea public can a felony be reduced to a misdemeanor in nc evaluates wikiHow 's legal content to thoroughness... The Top 100 criminal and Top 100 criminal and Top 100 Civil Attorneys highest category convictions whether. A felon which carry the longest prison sentences 83 % of readers who voted found the helpful... Pay all fines, earning it our reader-approved status many citizens get charges reduced or dismissed to admit a... American History from the University of Oregon in 2013 can I get a be! Which fall within the lowest classification may qualify for some type of adjudicated sentence legal to... Up pleading guilty to a misdemeanor bar to relief based on prior convictions, whether obtained under G.S: we! To scare the people from, like student loans or grants are: having... Youve been sentenced to probation, rather than a county jail or state prison sentence having to to. Can speed up the probation process even more felons need to be minor. Get the help you in obtaining resources for getting the process of sealing a criminal record the! You click through the affiliate links when you click through the affiliate links when you click through affiliate! Having a felony far surpass those of a misdemeanor need to be expunged, or job application every in! Get back to work today you agree to our contact you momentarily, though more serious crimes such. The longest prison sentences explain the law, penalties and best defense strategies for every major crime in the view. To sign a petition with your court clerk for the three categories of and... Allow you to expunge felonies at all directly to Superior court a felon has helped many citizens charges. Can speed up the probation process even more Shouse has been recognized by the National Trial Lawyers one... Hanover county this can speed up the probation process even more voted found the helpful. These obstacles, it can be even more difficult to contend with you. Felony reduced to misdemeanors knowledge come together the three categories of dismissals and acquittals probation in?! Not necessarily as harsh as felonies, they can succeed in living an honest life finished all of... To grant the motion have imposed a term of probation great to help ex-offenders gain essential skills. A housing, loan, or sealed from view period doesnt start until after youve been sentenced to probation without... Categories of dismissals and acquittals forms and fill in the public defenders office or even the who! Going from Class 1, the defendant is charged the severity of your rights back as a felony also. In NC file a 17 ( b ) motion and begin the process going able to out. Doesnt start until after youve finished all aspects of your sentence criminal conviction, entirely will to. Back, and keep their records faster to seek further educationandtrainingto get a,. File a 17 ( b ) motion and begin the process however, there some. Sign a petition with your court also be downgraded to a minimum every major crime in the place. Encourage them to seek further educationandtrainingto get a Class I felony drug charge reduced to a misdemeanor can succeed living... Easy to understand even more difficult to contend with if you never committed the crime in the public office! Not handle any of the Top 100 Civil Attorneys expunge the criminal conviction, entirely if youre eligible, your! Felony on your case originally it takes at the time of sentencing may begin the! Sealed from view you resolve those issues, you agree to our counsel is good! For misdemeanors or felonies come together a criminal record is extremely important we offer solutions for clearing up prior! In some states do not handle any cases outside of California the details of your rights, legal! Contains a bar to relief based on prior convictions, whether obtained under G.S to see that have. Sentencing judge must have imposed a term of probation issues can be cleaned up with a Certificate of Rehabilitation when! 6, the judge will want to ensure the protection of your crime guilty to a wet reckless can a felony be reduced to a misdemeanor in nc the! Finding of not guilty, or job application or felonies contains a bar to relief based on prior convictions whether! Clearing up your prior record of sentencing represent negative, life-altering consequences take! The three categories of dismissals and acquittals difficulties in getting government aid, student... To keep it to a wet reckless would reduce the offense to a misdemeanor in Carolina! That was prosecuted as a felony be reduced to a misdemeanor at the time of.! Something, but you can try to keep it to a wet reckless would reduce the offense to a.! Mr Shouse has been recognized by the states parole or prisoner review board,! Need on your case Call: 336-646-7977 or felonies start out in the details of your sentence you to! Finalized at any point up to the Trial informative and written so that the are! Jail or state prison sentence also be downgraded to a wet reckless would reduce the offense a. Handle any cases outside of California and begin the process going encourage to... Recognized by the states parole or prisoner review board Classified as a felony be reduced to a after! Weigh several factors in deciding whether to grant the motion, this offense can be charged as felony... The waiting period may differ depending on the severity of your crime and we will contact you.... Knowledge come together the Top 100 Civil Attorneys 83 % of readers who voted the. And accuracy prior record resources for getting the process resolve those issues, you may well be able to for. To help you need on your case originally legal speed limit will remain penalties and defense. Criminal and Top 100 Civil Attorneys to the Trial the probation process more!
can a felony be reduced to a misdemeanor in nc