If I got sentenced to a 2 year deferred felony with a1 year probation and probation is up, can I get it reduced to misdemeanor?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I got sentenced to a 2 year deferred felony with a1 year probation and probation is up, can I get it reduced to misdemeanor?

The charge was false declaration against a pawnbroker.

Asked on July 28, 2011 Oklahoma

Answers:

G.J., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Typically, when you receive a deferred sentence, you have not been convicted of anything.  Instead, the court places you on probation before entering any judgment against you.  If you then successfully complete all the terms of your probation, the judge dismisses your case and does not convict you of anything.  

Since you say that you have completed your probation, there should be a review hearing where you will be allowed to withdraw your plea (assuming that you pleaded guilty) and the record of that plea will be expunged, meaning that you will have no criminal record for this charge.  Because there will be no criminal record of this charge, reducing the charge to a misdemeanor becomes a moot point.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption