If you have been convicted of a crime that is a felony, you will find that it has many negative consequences.  Aside from serving whatever term of imprisonment you may have been given as punishment for the crime, that felony conviction will appear on your permanent record, which can be found whenever someone performs a background check.  Having a felony conviction on your permanent record can make a variety of things in life more difficult, from getting certain jobs to obtaining financing for a home or a car to being approved to move into an apartment.  For each of these things and many other areas, it is not uncommon for them to perform a background check, where a felony conviction is likely to close an otherwise open door.

Therefore, it is common for those with a felony conviction to seek ways to address these negative consequences.  One such way is to attempt to have the felony conviction reduced to a misdemeanor, since a misdemeanor does not carry the variety of serious negative consequences carried by a felony.

Unfortunately, for those who are seeking this option, having a felony reduced to a misdemeanor is only a possibility under a very limited set of circumstances.  First, the felony must have been committed in California.  Second, the felony must have been what is known as a wobbler.  Finally, your sentence must have been probation rather than a prison term.

A wobbler is a crime that can be charged and punished as either a misdemeanor or a felony.  These crimes include but are not limited to DUI, various drug-related crimes, burglary, and assault.

If the circumstances for your felony conviction do not qualify you for seeking to have the felony reduced to a misdemeanor, you do have other options.  First, you can seek to have your felony record expunged.  Having your record expunged means that you go before the court and ask that the record be sealed away.  While your criminal record will still exist when reviewed from a law-enforcement standpoint, the felony conviction will not be visible to the general public when a background check is performed when applying for a job, for financing, or for other thing not related to a court of law.

Second, you can ask the governor of the state where the conviction occurred (assuming your crime was under state law) for a pardon.  A pardon is when the crime is wiped away.  With a pardon, it will be as though the crime never happened; this will likewise give you a clean background check.

Whether you are eligible to have your record expunged or to receive a pardon is in large part based on your life since the crime was committed.  If you have had additional legal issues since that time, you are not likely to have your record expunged or receive a pardon.  But if you have lived an upstanding life and have demonstrated good behavior and actions that are benefitting to society for a sufficient length of time, you may be eligible for either of these methods of dealing with your felony conviction.

Finally, if you have been charged with a crime that is considered a felony but you have not yet been convicted of the crime, a plea bargain may be an option.  A plea bargain is when you are willing to plead guilty to a crime in exchange for the charges being reduced.  This could mean that the crime you plead guilty to is ultimately charged as a misdemeanor rather than a felony.

Keep in mind that all the information above is general in nature.  If you are dealing with a felony conviction or felony charges, you should speak with a criminal defense attorney who knows the laws in your state to confirm what options you have.

Related articles

• California Law and DUI Expungements (duiattorneyhome.com)
• What does it mean to have my criminal record expunged? (criminaldefensehome.com)
• What is the difference between a felony and a misdemeanor? What is the punishment for each? (criminaldefensehome.com)

by Mark Johnston

• More Posts