Can I get my felony changed since the crime is no longer considered a felony?

UPDATED: Oct 1, 2022

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Can I get my felony changed since the crime is no longer considered a felony?

I was convicted of habitual offender driving without license twice after. I have 2 felonies Class b on my record. As far as I know, for at least the last 2 years you can no longer get charged a felony for driving without a license. Am I able to get my charges changed or dropped?

Asked on May 31, 2019 under Criminal Law, New Hampshire


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, once you are convicted of a crime, a later change in the crime's severity, status, even existence doesn't matter: all that matters is whether it was a crime when you committed it. This works both ways: if you are convicted of a misdemeanor and later, the state makes it a felony instead, they don't add extra months or years to your prison term or change your criminal record to show a felony--for you, it remains the misdemeanor it was when you were convicted.

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