Is it possible to have an Unsealable Felony reduced to a Sealable Misdemeanor after Probation has been completed?

Asked over 1 year ago - Orlando, FL

My teenage son plead guilty to a 2nd degree Felony Sex Crime. As a Juvenile he was determined to be "delinquent" and ordered to take classes and placed on probation until the classes are complete. Once he has been released for successful completion of the class, is it possible to have the charge reduced to something that can be sealed or is less severe?

Attorney answers (5)

  1. Colleen M. Glenn

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . You have 60 days from the date of the plea to request a modification of sentence but once he enters a plea to an offense the only way to try to get the offense changed is to move to withdraw the plea.

  2. Mark H Randall

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . Its not likely!

  3. Anthony Michael Solis

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . It doesn't appear this is a lesser-included component:

    § 14‑27.5. Second‑degree sexual offense.

    (a) A person is guilty of a sexual offense in the second degree if the person engages in a sexual act with another person:

    (1) By force and against the will of the other person; or

    (2) Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know that the other person is mentally disabled, mentally incapacitated, or physically helpless.

    (b) Any person who commits the offense defined in this section is guilty of a Class C felony. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 7; 1981, c. 63; c. 179, s. 14; 1993, c. 539, s. 1131; 1994, Ex. Sess., c. 24, s. 14(c); 2002‑159, s. 2(c).)

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  4. Joshua Eli Adams

    Contributor Level 14

    Answered . Not without withdrawing the plea, which is difficult and even if successful, would reopen the case and the state would still prosecute.

  5. Justin Gary Hausler

    Contributor Level 16

    Answered . No honestly it is not.

    Free Consultations can be made by calling 407-617-1064. Please understand that the information given is not to be... more

Related Topics

Felony crime

A felony is a crime that is punishable by more than one year in prison. Certain especially severe felonies may be punishable by the death sentence.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

16,324 answers this week

2,223 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

16,324 answers this week

2,223 attorneys answering