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  1. #1
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    Mar 2011
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    Default Plea Bargain Was Supposed to Drop a Felony to a Misdemeanor but It Still Says Felony

    My question involves criminal law for the state of: Alabama
    Back in 2007 I was charged with Theft of Property 2nd (a felony). When I went to court, my public defender got me a sweet deal- plead guilty to theft of property 3rd (a misdemeanor), do two years unsupervised probation, and pay restitution. I signed it immediatelybecause it was a heck of a lot better than the three to five years i was facing. Fast forward to a month ago, where I was trying to get a job at a security company, and lo and behold, the background check returns "Convicted of Felony Theft of Property in the Second Degree September 2007." I called the clerks ofrfice and all they could tell me was to call the public defender. I can't seem to get him on the phone. Any extra ideas?

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Plea Bargain Was Supposed to Drop a Felony to a Misdemeanor but It Still Says Fel

    did you fulfill your obligations such as restitution?

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
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    2,350

    Default Re: Plea Bargain Was Supposed to Drop a Felony to a Misdemeanor but It Still Says Fel

    You need to get a certified copy of the judgment of conviction from the clerk, and that will tell you what you
    were actually convicted of, and you can use it to correct mistaken background checks. If there is a mistake, you can get the judgment of conviction amended, but the public defender is not likely to do it. You will have to hire a private attorney to pursue that relief.

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Plea Bargain Was Supposed to Drop a Felony to a Misdemeanor but It Still Says Fel

    Go to the courthouse and look at the court file (you may want to confirm first that the file is available, as it may be archived and you thus may have to schedule an appointment). Look at the disposition sheet from your case. If you are correct, and it is correct, your disposition should be for a misdemeanor. If it's not, I suggest working with a local lawyer to try to examine the case history and, as necessary, to get transcripts to find out the source of any error and to get it corrected. If the public defender's office can help, that's great - I don't know their case load or whether they assist with this type of error, but you can find that out from them.

    If the information in your case file is correct, check to see if it is also correct in your Alabama Criminal Justice Information Center record. If not, request that your criminal record be corrected by the ACJIC as follows:
    Quote Quoting How to Correct an Error On Your Criminal Record
    ACJIC may only address an appeal or challenge of an error on a person's Alabama criminal record. In order to make this request, the person must complete an ACJIC form entitled Requests to Review, Appeal, or Challenge and return it to ACJIC. For each item challenged, the applicant must state what he or she believes to be the correct information. If possible, the applicant should cite official documents to support the challenge and attach copies.

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

    Default Re: Plea Bargain Was Supposed to Drop a Felony to a Misdemeanor but It Still Says Fel

    You would have had to plead guilty in court; where the judge goes through the boilerplate "nobody forced you to accept this.." so there is a record in the court reporter's office too...You'll may need the transcript anyway, so order the transcript from when you plead guilty in court. Just another avenue.

  6. #6
    Join Date
    Mar 2011
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    2

    Default Re: Plea Bargain Was Supposed to Drop a Felony to a Misdemeanor but It Still Says Fel

    The restitution is still in progress with about $900 to go.
    And I have been planning on going to the courthouse Monday and checking on the file. Once I find out I will try to keep you mupdated in case anything else comes up. Thank you for help.

  7. #7

    Default Re: Plea Bargain Was Supposed to Drop a Felony to a Misdemeanor but It Still Says Fel

    Then that explains it. Until your end of the bargain is completed and restitution is paid in full, the reduction in the charge won't happen. Once you get the restitution completed, make sure to gather all your paperwork showing the payment in full and show it to the clerk's office to make sure they get the agreement reflected in your record ASAP.

  8. #8
    Join Date
    Jan 2006
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    38,867

    Default Re: Plea Bargain Was Supposed to Drop a Felony to a Misdemeanor but It Still Says Fel

    Quote Quoting bhamwildcat
    View Post
    The restitution is still in progress with about $900 to go.
    .
    Oh, so you haven't upheld your part of the plea bargain. Why would you expect them to? You need to get your restitution paid.

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