It sounds like you were already convicted. If you are asking whether the felony can be erased and replaced with a misdemeanor conviction - unless NC has some very state specific procedure for that - the answer generally would be no.
You would have to file a motion for appropriate relief based on a constitutional error or new evidence. These things are incredibly difficult to achieve. The last one I did took almost three years to complete. Half of the time was spent tracking down all the evidence and discovery. The other thing that you have to make sure of is that the State doesn't intend on making the plea worse! If a motion for appropriate relief is granted, the entire case starts over from square one. So your attorney is going to need to make sure that the State is willing to give you the relief before even asking for it. The other thing you should take into consideration, if it all works out, is that the conviction date will change from 10 years ago to today. All in all, this is a very expensive and risky endeavor that could ultimately end up with a worse outcome if not handled correct. If you want to pursue this course of action, use Avvo to find an extremely experienced criminal defense attorney in the jurisdiction where the conviction occurred. Best of luck!
The information provided by Attorney Matthew V. Silva is based upon the generic and ambiguous facts presented in short questions. Without a full consultation with an attorney, you should not rely upon any information presented in this forum. The intricate facts of every case are different. The information provided is not legal advice and should not be the basis of any decision without the actual guidance of an attorney. Further, any information provided by Attorney Matthew V. Silva should not be perceived as a willingness to represent you or actual representation.
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