How long until the conviction is lowered?
5 attorney answers
just call one of us its a free call and we'll be able to look at the computer and tell you exactly what you have and what you need to do.
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First of all a stay of imposition results in the felony becoming a misdemeanor on your record and not a gross misdemeanor. Secondly, I would give it a few months for the court administrator's office to make the change in the court information system - but you can certainly call (you or your attorney) to try and speed up the process. Finally expunging your record requires consideration of many factors unknown in your question - your best bet is to sit down with an experienced attorney to discuss the pros, cons and procedure for expungement. Good luck and congratulations on turning things around!
This is not intended as legal advice nor does it establish an attorney client relationship. Answers could be different upon learning new facts about your case. You should meet with an attorney and fully discuss your case to obtain the best possible answers.
Calling the court administrator to ask when this can be done is the best course of action. Keep in mind that you must have completed probation successfully without any violations that caused the court to revoke your stay of imposition (including paying restitution if that was ordered).
The new expungement law taking effect on January 1 will allow expungement of non-violent felonies after four years have passed from the conviction, so it is possible to get this removed. It may even be possible to do it sooner once it is reduced to a gross misdemeanor; that has not been clearly decided yet. Expungement is still up to the court and will generally only be granted if you can show you have really changed and turned things around, if you have not had any new criminal charges, and if you can show the conviction is hurting your chances for employment.
You would have to ask someone in the chemical dependency counseling field how to handle the background checks and answers to questions about the criminal record.
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I agree with Mr. Edmunds. It does take some time for the system to catch-up. Give a call or write a letter when it gets outside of 6 months. Expungment/Sealing my be available to you. Consult directly with an attorney on that issue for more details.
The court administrator's office usually gets around to deeming these misdemeanors within about six months. You can call the court administrator's office and nicely ask if they can do yours sooner. Regarding removing it from your record all together, you should consult with a lawyer about a possible expungement. There is a new statute taking effect on the first of the year that may be of some benefit to you. Good luck.
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