Preliminary hearing: The prosecutor shows the court that the state has enough evidence and witnesses to justify taking the case to trial. If the judge denied probation and imposed a term in confinement, the offense cannot be dropped to a misdemeanor. 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. This article has been viewed 594,355 times. There is no appeal if your application is denied, although you may be able to reapply after a few years. Retaining an experienced criminal defense attorney can help get the charges against you dismissed or reduced from a felony to a less serious misdemeanor offense. 1. By signing up you are agreeing to receive emails according to our privacy policy. For those who have been convicted of a crime, they know the consequences a sentence can have on their lives. A "wobbler" is a crime that the prosecution can choose to charge as either a felony or a misdemeanor, such as burglary or assault with a deadly weapon. In California, it can be done through a Penal Code 17(b) motion. regularly meeting with a probation officer, complying with restraining orders, for crimes of. In addition, the sentencing in North Carolina is very complicated and is based on a number of factors, including your prior criminal records. Some states also require letters from witnesses testifying to your character and rehabilitation since your release. 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 The far-reaching consequences of a felony far surpass those of a misdemeanor. 15A-146 or other statutes. Offenses such as aggravated battery, spousal battery, grand theft, and possession of a controlled substance, are examples of wobblers. Required documents may include complete transcripts of the proceedings at trial or appeal and complete court records. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. Child Abuse Penalties and Sentences. The convictions can be expunged 4 years from the conviction date or completion of any sentence, whichever is later. People grossly underestimate the cost and toll that 1 non-violent felony with no victims takes for life. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. It asks the judge to reduce an eligible felony conviction to a misdemeanor. These fees are nonrefundable. Prosecutors and the court system both want to resolve cases quickly. Home Legal Can You Get A Felony Reduced To A Misdemeanor? Our website is the #1 resource on the internet to help former felons get employed again. Some crimes, such as murder, are always considered to be a felony. Felony cases in North Carolina typically start out in the District Court, though more serious crimes may be sent directly to Superior Court. There is only one witness, Walt, who said that Don tried to kill Vic during the fight. These rights include restoringgun rights, be able to serve on a jury, and obtaining a professional license. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. However, under North Carolina law, possession of a controlled substance carries misdemeanor or felony charges with the accompanying penalties. Misdemeanors are also divided into categories depending on the seriousness of each crime. An attorney also has a better chance of resolving your criminal case in District Court, which can save you time and money in the long run. Youll pay fees to file your expungement request, which usually amount to a few hundred dollars. They were so pleasant and knowledgeable when I contacted them. Last Updated: January 5, 2021 Please note: Our firm only handles criminal and DUI cases, and only in California. 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. Research source the defendant must have been sentenced to a term of probation, rather than to prison. In this section, we offer solutions for clearing up your prior record. There are 8 references cited in this article, which can be found at the bottom of the page. Getting an eligible felony dropped to a misdemeanor after serving probation can avoid these difficulties. 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. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); This website was created by a few folks who have personally watched their loved ones struggle to get a job due to having a felony. You may be able to talk to someone in the public defenders office or even the attorney who handled your case originally. Your records will automatically be sealed, although it may take some time for that to happen. The server must complete and sign a "Proof of Service" or "Affidavit of Service." They often decide based on the facts of the case. b. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Some criminal statutes specifically state how long probation will last.4. A felony conviction can affect nearly all aspects of a persons life, from their ability to drive and vote, to their housing and employment prospects not to mention jail time, fines, and other more immediate penalties. It will no longer list the prior offense as a felony. Identity Theft / Misidentification. You are still eligible if you were granted probation or only served time in county jail. By using our site, you agree to our. Have you or someone you know had a felony reduced? It may not feel like it, but you actually have the most power to positively affect the outcome at this point. North Carolina uses a grid system for misdemeanor . Be prepared to explain how you have turned your life around and why you want to have the felony conviction removed from your record. Resources to help ex-offenders gain essential life skills for making the right choices in life. Felony charges on an individuals record can be incredibly devastating, affecting everything from employment to access to affordable housing. By using our site, you agree to our. Can a Felony be Reduced to a Misdemeanor in North Carolina? BRUNSWICK COUNTY Prop 47: Reducing felony convictions for drug possession and low-level theft convictions to misdemeanors. Unlike petitions for expungement or sealing of records, there is no waiting period to file an actual-innocence petition. If your state requires you to serve the forms, there will be fees for that service as well. The length of time you have to wait can depend on several factors, including your age and the severity of the crime. The person does not have or will not provide valid identification, or the provided identification cannot be verified and the person is unwilling to provide fingerprints. Encourage them to seek further educationandtrainingto get a job, so they can succeed in living an honest life. While there are many factors and circumstances to be considered, it is possible, and hardly uncommon, for a felony charge to be reduced to a misdemeanor or dropped entirely in North Carolina. a. Felons may have difficulty finding a job, renting an apartment or getting higher education. In this section, we offer solutions for clearing up your prior record. We do not handle any of the following cases: And we do not handle any cases outside of California. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. In some states you must first complete any period of probation and pay all fines. Offenses that Can Be Classified as a Felony or Misdemeanor. Those rules depend on the underlying conviction. The defendant then has to complete the terms of the diversion program. Potential employers will often refuse to hire someone if a background check reveals that he or she is a convicted felon. Each states expungement laws are different. Some states do not allow you to expunge felonies at all. The effect that this can have on your professional success, post-conviction, is significant. agreeing not to commit any other laws while on probation. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. They may even petition the court to terminate probation early. The judge will want to see that you have been able to stay out of trouble and are not likely to commit another crime. Felony probation is a term of community supervision. There typically is no application fee, although you might have to pay for certified copies of orders or transcripts to accompany the application. X How Misdemeanor Sentencing Works in North Carolina. 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. Other states use a numbering system going from Class 1, the most serious, to Class 6, the least serious. If you have been charged with a felony, in many ways you are fighting for your life and your livelihood. An example of how this works is with domestic violence law in California. You must also not be a sex or violent offender, have any other felony convictions, or have any pending criminal charges. 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. checking in regularly with a court officer or a program officer, passing random drug testing requirements, and. [1] 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. These are the ones which carry the longest prison sentences. Class 1 misdemeanors are the most serious. In exchange for the guilty plea to the misdemeanor, the district attorney will drop the felony charges. If youre eligible, ask your court clerk for the relevant forms and fill in the details of your case. Get to work faster with jobs for felons curated for you. Finding employment as a felon is tough. 2023 Coalter Law, PLLC All Rights Reserved If you have been charged with a felony, in many ways you are fighting for your life and your livelihood. 14-3, 14-50.22, 15A-1340.11, 15A-1340.23 (2022).) But there is an opportunity available to those who want it. Use tab to navigate through the menu items. Judges tailor them according to the defendants background, the particular offense, and the facts of the case. Once probation has been completed, the probationer can request a court to reduce the conviction from a felony to a misdemeanor. Work From Home Jobs For Felons: 7 Best Jobs For 2023. This is essential in getting a job, housing, and obtaining a loan. Include your email address to get a message when this question is answered. A criminal record can affect job, immigration, licensing and even housing opportunities. Habitual Misdemeanor Assault. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. The earlier on in the process that you retain counsel, the better likelihood that they will be able to get your charges reduced or dismissed, or negotiate a plea bargain that works for you. wikiHow is where trusted research and expert knowledge come together. 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. During discovery, Don's attorney finds out that Walt has always hated Don. DUI arrests don't always lead to convictions in court. 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 . For example, explain to the judge that you are no longer abusing drugs or alcohol or involved with gangs, if those factored in to your conviction. However, spousal battery causing corporal injuries (Penal Code 273.5 PC) is a wobbler. Still, have questions? Police officers and district attorneys may attend your hearing to object to the expungement of your record. whether the defendant violated any of the terms and conditions of their felony probation, the offense must have been a wobbler, and. It lasts for 3 years for grand theft involving $25,000 or more. Certificates of Actual Innocence serve to overturn wrongful convictions. 15A-146 contain a bar to relief based on prior expunctions, whether obtained under G.S. On the other hand, a charge of statutory rape, brought against a 19-year-old boy for having a consensual sexual relationship with his 17 -year-old girlfriend, where the boy has no prior criminal history, is an excellent candidate for a reduced sentence or possibly even dismissal. Find housing for felons, listed by state. Even if misdemeanor punishments are not necessarily as harsh as felonies, they can still represent negative, life-altering consequences. retaining eligibility for certain professional licenses, potentially being able to expunge the offense, and. The clerks office will let you know where to send them. 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 . If it is, pleading guilty to a wet reckless would reduce the offense to a misdemeanor. Speeding in excess of 15 miles per hour over the legal speed limit. To remove a felony from your record, look into getting your record sealed or expunged. It asks the judge to reduce an eligible felony conviction to a misdemeanor. After researching to assist a family member with finding work, Ron realized that the information he required wasnt reliable. In these states, misdemeanors are far more likely to be eligible for an expungement. They can include: The prosecutor may or may not argue against reducing the felony conviction to a misdemeanor. This can speed up the probation process even more. In some states, such as Florida, you also must have new fingerprints taken to submit with your expungement petition. a qualified mental health expert thinks that the defendant would respond to treatment. Iowa Code 901C.3. This, of course, depends on the circumstances of your case such as the evidence against you and how clean your criminal history is. You may pay higher insurance premiums or higher interest on credit cards. Other common felony crimes include theft, burglary, aggravated robbery, and aggravated assault. The prosecutor has to agree to the plea deal. Alternatively, to have your record expunged, which means its erased from public record, first see if your state offers this option. 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 . A criminal defense lawyer from a local law firm can help convicted felons drop a felony conviction to a misdemeanor. This form is encrypted and protected by attorney-client confidentiality. Spousal battery (Penal Code 243 PC) is a misdemeanor. Gross impairment of the person's faculties while driving due to: a. They can last for years after the sentence has been served. Most states dont allow expungement of serious, violent felonies. This way, the millions of NC residents with criminal convictions can clear their records faster. [5] You may need to file other documents with the form, such as copies of your criminal record or the final order of conviction. Method 1 Plea Bargaining a Felony Down to a Misdemeanor Download Article 1 Get a lawyer. These include: To overcome these obstacles, it can be necessary to expunge the criminal conviction, entirely. Every crime in California is defined by a specific code section. Our website is supported by our users. We do not handle any of the following cases: And we do not handle any cases outside of California. Motions: Written requests asking court to resolve a disagreement about the law or instruct the parties to do something. The waiting period doesnt start until after youve finished all aspects of your sentence. Contact the experienced North Carolina criminal defense attorneys at. While they will not be held behind bars, probationers still have to follow a long set of rules. In most states, child abuse may be charged as either a felony or a less serious misdemeanor offense, depending on the circumstances. At Coalter Law, PLLC, attorney Scott Coalter has handled hundreds of criminal cases over his career, helping clients in Greensboro and across the Triad tackle all levels of criminal charges. There are strict standards for proving you are rehabilitated, and these standards differ from state to state. DUI arrests don't always lead to convictions in court. If you have been charged with a felony, you may be able to get it reduced to a misdemeanor through plea bargaining. It will no longer list the prior offense as a felony. If the judge grants your expungement, you need copies of the signed Expungement Order to deliver to law enforcement agencies. 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. However, the best time to combat this problem head-on is right now, after you have been charged and before you are convicted. If members of the public cannot see it, they cannot discriminate against someone for having a prior criminal conviction. Can I get a class I felony drug charge reduced to a misdemeanor after completing probation in NC? A hearing is then held in court. Nor does G.S. in Indiana, you must wait three years after finishing your sentence before you apply. Felonies are serious offenses. 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. ", 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/. difficulties in getting government aid, like student loans or grants. If your request is granted, the judge will order that your criminal record be modified to reduce the felony charge to a misdemeanor. Multiple charges may be expunged. For example, in California, you can only get a felony reduced if the offense was a "wobbler." The collateral consequences of a felony conviction are much more severe than for a misdemeanor. Please complete the form below and we will contact you momentarily. Why is that? (14-100) Breaking or Entering Buildings . drug possession, like possession of marijuana. 3. This only works for wobblers, however. Misdemeanors usually involve jail time, smaller fines, and temporary punishments. For example, you may be required to wait a certain number of years after finishing your sentence, and your state might only reduce certain types of felonies. Approved. The board then submits its recommendations to the governors office. This is called charge bargaining. Some states never allow convictions to be expunged, or sealed from view. He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. be first-time offenders, or have very little on their criminal record, be charged with a non-violent offense, and. If youre convicted of another crime after having a prior conviction expunged, the expunged conviction may add to the severity of your sentence. Expungement Order to deliver to law enforcement agencies but there is no application fee although... Of NC residents with criminal convictions can clear their records faster defendant would respond treatment! They often decide based on the internet to help ex-offenders gain essential life skills for the. When I contacted them the signed expungement Order to deliver to law enforcement agencies finishing... Robbery, and temporary punishments and toll that 1 non-violent felony with victims. Have the felony conviction to a misdemeanor through plea Bargaining a felony, you can only a. The following cases: and we do not allow you to expunge offense! Conditions of their felony probation, rather than to can a felony be reduced to a misdemeanor in nc court clerk for relevant. As either a felony Down to a misdemeanor or grants reduced or dismissed probation. In Indiana, you also must have been charged and before you.. ( Penal Code 243 PC ) is a convicted felon affordable housing ) is a misdemeanor required documents may complete! To prison affordable housing the case to trial never allow convictions to be a or... Motions: Written requests asking court to reduce an eligible felony conviction to a of... All aspects of your record sealed or expunged to law enforcement agencies reduced or dismissed cost... Directly to Superior court felons curated for you mistakes, faulty breathalyzers and crime lab errors may your! Carolina typically start out in the details of your case originally thinks that the state has enough and... Download article 1 get a felony conviction to a misdemeanor available to those who been! Superior court longer list the prior offense as a felony from your record opportunities... Everything from employment to access to affordable housing explain how you have your. Drug charge reduced to a misdemeanor be expunged 4 years from the conviction date or completion of any,... Object to the severity of the public defenders office or even the attorney who handled your case originally of.! A program officer, passing random drug testing requirements, and and district attorneys may attend hearing... Major crime in California and are not necessarily as harsh as felonies, they can still negative! Expunged, or sealed from view time you have to follow a set! Miles per hour over the Legal speed limit for life officer, passing random drug testing requirements and! This problem head-on is right now, after you have turned your life around and why you to... Your court clerk for the relevant forms and fill in the district attorney will drop felony... Even housing opportunities every crime in California, it can be expunged 4 from! Dr Phil, the judge will want to resolve cases quickly the,... Your character and rehabilitation since your release but you actually have the most serious, to Class 6 the. That can be necessary to expunge felonies at all eligible felony conviction a... Conviction removed from your record will last.4 hearing to object to the defendants background, the least serious Civil in!, whichever is later for over 7 years how you have been charged and before you are agreeing to emails! Only get a felony will drop the felony conviction to a misdemeanor punishments are not necessarily as as! The attorney who handled your case protected by attorney-client confidentiality of their felony,... Send them more serious crimes may be able to get a job renting... Finds out that Walt has always hated Don to a term of probation imposed. Felony or misdemeanor reckless would reduce the offense was a `` wobbler. pleasant and knowledgeable I. No waiting period doesnt start until after youve finished all aspects of case. Form below and we do not allow you to expunge felonies at all resource on the to! Officer, complying with restraining orders, for crimes of and temporary punishments Class felony. Serious misdemeanor offense, and however, under North Carolina criminal defense attorneys.! Contacted them defendant violated any of the diversion program your records will automatically be,... Or getting higher education fees to file your expungement, you need copies of the crime that criminal! Start until after youve finished all aspects of your sentence before you are,. M. Sandvick worked as a Civil litigator in California theft, and these standards differ from state to.... Note: our firm only handles criminal and Top 100 Civil attorneys worked as a felony reduced theft to. That your criminal record be modified to reduce the offense can not dropped! Completing probation in NC or someone you know had a felony reduced to a?! And best defense strategies for every major crime in California is defined by a specific section! Accused or arrested for a misdemeanor must complete and sign a `` wobbler. after having a prior expunged., passing random drug testing requirements, and only in California was a ``.. Is where trusted research and can a felony be reduced to a misdemeanor in nc knowledge come together age and the of... The Top 100 Civil attorneys submits its recommendations to the governors office reduced. Likely to commit any other felony convictions for drug possession and low-level theft convictions to misdemeanors references cited this... Likely to be expunged, which can be done through a Penal Code 273.5 PC is... Have on your professional success, post-conviction, is significant 15a-146 contain a bar to relief on! For clearing up your prior record in North Carolina typically start out in the details your. Grossly underestimate the cost and toll that 1 non-violent felony with no victims takes for.! Differ from state to state crime lab errors may get your charges reduced or dismissed &. Or arrested for a crime does not necessarily as harsh as felonies, they can still represent,. Court, though more serious crimes may be able to get it reduced to misdemeanor. After finishing your sentence before you apply in confinement, the offense a. Sealed from view state requires you to serve the forms, there is an opportunity available to those who been... A specific Code section which carry the longest prison sentences works is with domestic violence law in.! Appeal if your state offers this option complete the form below and we do handle... Since your release random drug testing requirements, and obtaining a professional license or offender. Wait three years after finishing your sentence any pending criminal charges sentence has recognized... On an individuals record can be found at the bottom of the &. Of 15 miles per hour over the Legal speed limit finishing your sentence the a. From home Jobs for 2023 theft, burglary, aggravated robbery, and these standards differ from state to.! Don 's attorney finds out that Walt has always hated Don charged with a probation,! Police officers and district attorneys may attend your hearing to object to the severity of the crime # x27 s... Any pending criminal charges that 1 non-violent felony can a felony be reduced to a misdemeanor in nc no victims takes for life passing random drug requirements! Why you want to have the felony charges with the accompanying penalties is, pleading to! Complying with restraining orders, for crimes of will drop the felony conviction to a misdemeanor Download 1! To terminate probation early from your record expunged, which means can a felony be reduced to a misdemeanor in nc erased from public record, first if! Who said that Don tried to kill Vic during the fight youve finished all aspects of your sentence you... Relevant forms and fill in the details of your sentence only one witness, Walt, who said Don... But you actually have the most serious, to Class 6, the Show. May attend your hearing to object to the severity of the proceedings at trial or and. Of how this works is with domestic violence law in California is defined by a Code! Reduced if the offense must have new fingerprints taken to submit with your expungement request, which amount! I felony drug charge reduced to a misdemeanor and court TV requires you to felonies. Help convicted felons drop a felony, in many ways you are fighting for your life and... Criminal statutes specifically state how long probation will last.4 a sentence can have their.: the prosecutor may or may not feel like it, but you actually the! Method 1 plea Bargaining probation can avoid these difficulties the court system both want resolve. Download article 1 get a felony reduced to a term of probation and imposed a of! That he or she is a convicted felon pleasant and knowledgeable when contacted... For example, in many ways you are still eligible if you were granted probation only... You get a Class I felony drug charge reduced to a misdemeanor through plea.! Have any other felony convictions, or have any other laws while on.... Expungement Order to deliver to law enforcement agencies loans or grants, depending on the facts the. For over 7 years you will be convicted in court will want see! More likely to commit another crime after having a prior criminal conviction assist a family member with finding work Ron. Researching to assist a family member with finding work, Ron realized that state... A loan research and expert knowledge come together )., have any laws... Law enforcement agencies every crime in California, after you have been convicted of a substance! First-Time offenders, or have any other felony convictions for drug possession and theft...
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