Can I reduce my felony charge to a misdemeanor?

I was currently on 2 years deferred adjudication probation. I compleated the probation without any problems last year. Now I’m trying to seal my record but someone told me I have to wait 5

years from the date I completed the probation.So I’m wondering if I hire a lawyer can my felony conviction be reduced to a misdemeanor? My charge was possession of a controlled substance less than a gram?

Asked on May 24, 2016 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Once you plea to a certain level and a certain charge it is extremely difficult to undo unless you can show that you were somehow mislead or deceived into the plea.  This is what is called a post conviction writ.  These are not easy... but there are several cases where challenges to involuntary pleas have worked, even in Texas.  To see if a writ would work, then visit with an appellate attorney.  Most trial attorneys won't know the ends and outs of what will or will not be a successful challenge.  If the plea is undone, the you would go back to square one and could start the plea bargaining process all over and hope to negotiate for a reduced level sentence. 
Since your plea bargain was for a two year deferred... you may be elibigle for an order of non-closure sooner than you think.  It all depends on the wording of your plea documents.  Some state jail felonies can be reduced to a misdemeanor under Tex. Code Crim. Proc. 12.44.  If you don't know if it was or was not... go to the court house, have the clerk print off every document related to your plea, and take it to a criminal attorney to review.  From there, they can tell you exactly when you would become eligible for an order of non-disclosure.


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