If I got sentenced to a 2 year deferred felony with a1 year probation and probation is up, can I get it reduced to misdemeanor?

UPDATED: Jul 28, 2011

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If I got sentenced to a 2 year deferred felony with a1 year probation and probation is up, can I get it reduced to misdemeanor?

The charge was false declaration against a pawnbroker.

Asked on July 28, 2011 Oklahoma


G.J., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Typically, when you receive a deferred sentence, you have not been convicted of anything.  Instead, the court places you on probation before entering any judgment against you.  If you then successfully complete all the terms of your probation, the judge dismisses your case and does not convict you of anything.  

Since you say that you have completed your probation, there should be a review hearing where you will be allowed to withdraw your plea (assuming that you pleaded guilty) and the record of that plea will be expunged, meaning that you will have no criminal record for this charge.  Because there will be no criminal record of this charge, reducing the charge to a misdemeanor becomes a moot point.

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