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  1. #1
    Join Date
    Jun 2010
    Location
    Maryville,TN
    Posts
    3

    Post Can I Drop My Felony to a Misdemeanor

    I was convicted in 2006 for Robbery class C felony. I did two years in prison and the other two on paper. It is now 8/7/10. Can my offense be known as "wobblers" and be reduced to a misdemeanor or even brought down to theft or larceny? Or do I have to get a presidential pardon to rid of this felony so maybe I can vote ,achieve a better career, and hunt with something better than a bow and arrow?
    -thank you
    Mr. Banks in Maryville,TN

  2. #2

    Default Re: Can I Drop My Felony to a Misdemeanor

    Once you've been convicted and served your time, no, charges don't get changed. Even a presidential pardon doesn't result in expungement of the arrest and criminal history from your record. Tennessee, two or three years ago, changed the laws to become one of the hardest in the country in which to seek an expungement. Typically, you can get minor crimes (misdemeanors), or cases where the charges were dismissed, expunged...IF the prosecutor in the county in question is willing to sign off on it. If you've got a conviction, for a felony, and a violent felony at that, you'll have VERY little hope of the possibility of expungement in TN, and any small hope you may have will vanish if you're not working with an ace attorney with good experience in this area. It won't be a do-it-yourself project - you REALLY need an attorney here. Check with a few - most will give you an initial consultation for free, and finding out what kind of possibility exists will give you a jumping off point as far as what to do next.

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Can I Drop My Felony to a Misdemeanor

    You cannot get the felony off, but you may be able to re-instate your gun rights. See McDonald v Chicago SCOTUS opinion, they do speak to this (but offer no concrete answers).

    You can speak to an attny (or police) about the procedure & possibly file the request yourself with the law enforcement or administrative agency that handles re-instatement of rights. Dont be surprised if they say that there is nobody you can speak to ... you could file the request with several agencies & follow their administrative appeal processes prior to filing in state or federal court.

    This is a new area of the law; the justices would not have brought it up if they thought you could get your gun rights re-instated in some cases. A robbery? If armed you have a long hill to climb. And it may take you all the way to the SCOTUS.

    Start a new post with any significant developments that occur.

  4. #4

    Default Re: Can I Drop My Felony to a Misdemeanor

    Quote Quoting aardvarc
    View Post
    Once you've been convicted and served your time, no, charges don't get changed. Even a presidential pardon doesn't result in expungement of the arrest and criminal history from your record. Tennessee, two or three years ago, changed the laws to become one of the hardest in the country in which to seek an expungement. Typically, you can get minor crimes (misdemeanors), or cases where the charges were dismissed, expunged...IF the prosecutor in the county in question is willing to sign off on it. If you've got a conviction, for a felony, and a violent felony at that, you'll have VERY little hope of the possibility of expungement in TN, and any small hope you may have will vanish if you're not working with an ace attorney with good experience in this area. It won't be a do-it-yourself project - you REALLY need an attorney here. Check with a few - most will give you an initial consultation for free, and finding out what kind of possibility exists will give you a jumping off point as far as what to do next.
    Why would someone need to expunge charges that are dismissed? That's like someone needing to refinance a home loan they've already paid off.

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Can I Drop My Felony to a Misdemeanor

    Quote Quoting gts
    View Post
    Why would someone need to expunge charges that are dismissed? That's like someone needing to refinance a home loan they've already paid off.
    Not at all.

    Dismissed charges can still be seen on a background check. Yes, it will carry the "DISMISSED" tag, but can also carry a connotation of guilt.

    Therefore, many folks want to get this type of record expunged.

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