20+ year old DUI felony. If I have this felony reduced to a misdemeanor, will it still show the felony charge?

Asked over 4 years ago - Goodyear, AZ

At the time of my sentencing my lawyer and I were given the option of reducing this DUI felony to a misdemeanor after a two year wait. I never got that done, and now I want to travel to Canada. If I have this reduced to a misdemeanor now, will it still show the felony in a background check at the border or show only as a misdemeanor?

Attorney answers (3)

  1. Kristian Kanekoa Lindo

    Contributor Level 10

    1

    Lawyer agrees

    Answered . Well, if you never took the option, I'd think that it wouldn't suddenly change to a mis. Granted, you could probably ask for some post conviction relief NOW, but it might not happen prior to your trip up North. Or it might happen, but it might not get into the systems prior to your trip. Regardless, as it stands now, it would seem that you've got a felony; not a mis.

    Disclaimer: I wasn 11 years old 20 years ago, so I have no idea how sentencing programs back then worked.

  2. Theodore W. Robinson

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Its impossible to tell how your record will read by the time it gets into the national computer system. You said you didn't take the misdemeanor at the time, so you're then left with a felony charge that is unresolved.

    Good luck.

  3. Edward Jerome Blum

    Contributor Level 16

    1

    Lawyer agrees

    Answered . I don't practice in AZ. IF you are able to reduce it to a misdemeanor, then it will show up as a misdemeanor. This still may restrict you from going to Canada.

    Edward J. Blum

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