How can I get a felony removed or dropped to a misdemeanor? 16 Answers as of November 01, 2012

I plead guilty to a felony charge in 2009 and I would like to get the charge dropped to a misdemeanor or expunged all together so I can re-enlist in the army come August 2013. How would I go about that?

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Law office of Robert D. Scott | Robert Scott
You probably can't get a Felony expunged or reduced..
Answer Applies to: Maryland
Replied: 11/1/2012
Law Office of David Baum
Law Office of David Baum | David M. Baum
There is a procedure to request a reduction from felony to misdemeanor, but it is only available under certain circumstances. You should contact an attorney to review your case and see if a reduction is possible. If so, an attorney can assist you with the filing of a motion to reduce the conviction, and possibly expunge (dismiss) it from your record.
Answer Applies to: California
Replied: 10/29/2012
Reza Athari & Associates, PLLC | Seth L. Reszko
You do not have an absolute right to reduce your felony conviction to a misdemeanor. You could make a request to the Court to reduce the conviction. I would recommend hiring counsel to handle that motion. If you want to seal your record, keep in mind that it depends on the felony category as to when you can have the record sealed. For instance, an E Felony can be removed 7 years after the case is closed. For a C and D felony, the conviction can be expunged in 12 years. This firm offers free consultations and affordable payment plans.
Answer Applies to: Nevada
Replied: 10/29/2012
Leonard A. Kaanta, P.C. | Leonard A. Kaanta
Once a plea is entered it cannot be changed. An expungement in Michigan can be granted 6 years after the conviction.
Answer Applies to: Michigan
Replied: 10/29/2012
Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
It depends on the felony and the circumstances. If the felony is a "wobbler" (e.g., it could be charged either as a felony or a misdemeanor) you can move under Penal Code 17(b) to have it reduced. If it is not, then your only hope is to have the governor pardon you, and you will have to wait for 5 years after you get off probation for that to happen.
Answer Applies to: California
Replied: 10/29/2012
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    If you have already plead, you can not get the charged dropped to a misdemeanor. However, you can petition the Court for an expungement after 5 years of completing your probation or sentence. This depends on the original charge as some criminal charges cannot be expunged.
    Answer Applies to: Michigan
    Replied: 10/29/2012
    The Law Offices of John J. Carney Esq.
    The Law Offices of John J. Carney Esq. | John J. Carney
    You may be able to retain an attorney to make a 440.10 motion to vacate the conviction or have it sealed, but you cannot expunge a criminal record in New York or have it reduced. The army recruiter can get you a waiver if he wants to. My website has a blog that explains the process fully.
    Answer Applies to: New York
    Replied: 10/29/2012
    Universal Law Group, Inc. | Francis John Cowhig
    Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. First of all, since we do not have all the facts, such as the felony charges, it is not really possible to answer with complete accuracy. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
    Answer Applies to: California
    Replied: 10/28/2012
    LAW OFFICE | JAMES A. GIZICKI
    This is a general response, pursuant to Michigan Law, based on the limited information you have provided. Each situation contains different factors which can alter the advice you seek. It is recommended you personally consult with an attorney for a more definite answer to your unique situation. YOU HAVE ONLY ONE CHANCE TO GET A CHARGED EXPUNGED FROM YOUR RECORD. MAKE SURE WHEN YOU PETITION THE COURT IT IS DONE PROPERLY.
    Answer Applies to: Michigan
    Replied: 10/28/2012
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    It's too late. Unless you have grounds to vacate the judgment due to a valid reason such as newly discovered evidence. You are way past the time for appeal and there is no expungement procedure in New York.
    Answer Applies to: New York
    Replied: 10/28/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    In Colorado if you plead guilty to a felony and it was not with a deferred sentence? there is nothing you can do to change what occurred in 2009. That being said, I understand sometimes you can enlist in the service so long as your case is over. maybe even regardless of what it was to begin with. So don't give up on enlisting. work with a recruiter.
    Answer Applies to: Colorado
    Replied: 10/28/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    You can have the felony vacated and dismissed five years after you complete probation on a C felony and ten years after a B felony. Only a pardon can get you there sooner.
    Answer Applies to: Washington
    Replied: 10/27/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Not every felony can be reduced to a misdemeanor. It has to have language that makes it able to be prosecuted as either a felony or a misdemeanor. If it is on of those, then it can be reduced to a misdemeanor. Regarding expungement: California does not have a true "expungement" law. Some states will actually take something off your record if an expungement is granted - not so in California. In California, we have what everybody calls an expungement - Penal Code section 1203.4. If granted, it will retroactively dismiss the conviction, but it still remains on your record. It just adds a notation that it was subsequently dismissed. You're going to have to sit down face to face with an attorney in the state where the conviction took place for more specific details and options.
    Answer Applies to: California
    Replied: 10/27/2012
    Mary W Craig P.C. | Mary W Craig
    If you pled guilty in 2009, you cannot now change the felony to a misdemeanor. If your state allows expungement of records, then you should do whatever is necessary to expunge your record. Contact a lawyer and ask what is necessary to expunge a record. In Alabama, you cannot expunge anything, but other states take a different view.
    Answer Applies to: Alabama
    Replied: 10/27/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Well I do not know what the felony is or the circumstances. I would need to know those. ? In Michigan after 5 years have gone by, if there are not other convictions, then you can petition the court to expunge the conviction. Out side of that it would involve getting a lawyer and asking the prosecutor to let your withdraw your plea. This would be up to the niceness of the prosecutor and the lawyer would have to try to convince the person you were worth it.
    Answer Applies to: Michigan
    Replied: 10/27/2012
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    In order to get a felony removed, you have to do an expungement. That is based on eligibility, which takes into account your total number of offenses and how long it has been since the offence. You can have one felony, one Class A Misd. and two Class B. Misd. and still be eligible for expungment. The waiting period for a felony is 7 years, and that is from the time you completed probation, not from the date of the offense. To get a felony dropped to a misdemeanor, you have to do a 402 Reduction application. Once its dropped to a misdemeanor, that also changed the waiting period to anywhere from 3-5 years instead of 7.
    Answer Applies to: Utah
    Replied: 10/27/2012
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