Can a felony be changed to a misdemeanor after the fact or expunged?
Waukesha, WI |
I live in Wisconsin and I was convicted of a burglary in 2006. I was given the option to take various amounts of misdemeanors or 1 felony. My free attorney advised the felony. Am I able to have it expunged at some point or reduced?
Felonies in 2006 were not allowed to be expunged. The law has since changed. I would recommend calling a local attorney and seeing if you can get your record expunged. Typically when making a decision whether to expunge a record, a judge will look to your prior law enforcement contacts, your behavior since the incident, and whether you and the community will be served by you having a clean record.
Yes, a felony may be amended to a misdemeanor or expunged, under the right circumstances. As the first answer indicated, felonies were not eligible for expunction in 2006. Under the new law, class H and I felonies are now expungeable, if you were under 25 when the offense occured. The problem you will have is burglary is a class E felony. So, burglary in not eligible for expunction, even under the new law.
This does not mean a sympathetic prosecutor would not agree to go back and amend the charge to a misdeanor. Although, if you want to go down this path, I suggest you retain the services of an attorney, as getting a prosecutor to agree to reopen and amend an old conviction is difficult.
If you were able to get the prosecutor to agree to amend this to a misdemeanor, you may be elglible for expunction. In 2006, you would have had to be under 21 for expunction. There are convincing arguments to apply the new law to old convictions. But, they are too complicated to get into here.