i have a felony breaking and entering case has been tried i have served 30days i was wanting to try and get it dropped to a misdemeanor

UPDATED: May 13, 2009

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i have a felony breaking and entering case has been tried i have served 30days i was wanting to try and get it dropped to a misdemeanor

how can i get my felony dropped to a misdemeanor after it is tried and finished please let me know if it can be done and if so how

Asked on May 13, 2009 under Criminal Law, Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I'm afraid that that ship has sailed.  You were tried and convicted of a felony, it cannot now just be reduced to a misdemeanor.  The only way to get rid of the felony now is to have the original conviction thrown out on appeal. 

Criminal records can be cleared by a process called "expungement" once a sentence is served and all terms of probation are satisfied.  However expungement is only allowed under certain circumstances and I'm not even sure that you would qualify for it unless you were under 18 at the time.  Even then under VA law this is only allowed pursuant to certain conditions being met. 

Your best bet is to speak to your attorney on the matter (I assume your were represented at trial).

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