I was convicted in May 2012 for credit card theft, my sentence was 5 years with 4 years and 9 months suspended. This was my first and only time getting into trouble. I was released in July 2012 and was put on probation, I was let off probation in less than 6 months. Is there any way to get my conviction turned into a misdemeanor? If so is there any way to do this out of state or without a lawyer?
Words words words words words just to reach the minimum requirement for posting on this website.
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The time to make an agreement to reduce your charge was before entering a plea agreement.
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Highly unlikely. You'd probably be wasting your money.
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A reduction is very unlikely.
The only way I can think of off the top of my head would be to do a habeas petition, and it may be too late to do that, too.
To be successful, we would have to show that your conviction was constitutionally defective. That would result in a new trial which could then possibly be reduced to a misdemeanor.
However, it is not likely worth the time and money because a habeas petition is called an extraordinary writ for a reason.
The short answer to this question is No.
In Virginias eyes you were convicted and punished for the crime. The case is closed and there is no way to change or expunge the charges. The adage of don't do the crime if you can't do the time comes to mind, in Virginia that time includes forever for felons.
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Unfortunately, once a felon always a felon. The only way to have the felony erased is to receive a Governor's Pardon. This rarely occurs. Stay out of trouble. Some employers will excuse a "one time mistake" but not two.
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