Is it possible to have a felony conviction downgraded?
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Is it possible to have a felony conviction downgraded?
Is it possible for felony convictions to be downgraded to misdemeanor 18 years after conviction if I have not been in anymore trouble whatsoever trying to live right and provide for my family? I have tried to go to school for surgical tech knowledge he and was three months from being done and was kicked out because of the charges on my record so needless to say I wasted all that time for nothing. The school should have informed me that there will be a background check before clinicals. All jobs I have applied for has turned me away. I have learned my lesson. I deserve a second chance especially for my kids. Am I allowed to write the judge and explain myself which I never had the chance to do? I was charged with Ecstasy close to a school however I was not on school grounds whatsoever. They charged me with a violent crime which I never hurt anyone. It should not be classified as violent. I had some in my possession and I was using them but they charge me with distribution. I just want to put this all behind me but it haunts me on a daily basis. They never gave me a chance at PTI or anything
and I was 19-20 at the time so why was I not put under the YOA sentence?
Asked on July 30, 2017 under Criminal Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
After 18 years, it is far too late to challenge the nature of the offense you were sentenced under: i.e. whether it should have been a YOA offense, whether it should have been a misdemeanor, etc. Whatever it perhaps arguable *should* have been, it is what it is; had it been challenged at the time, the outcome would have different, but they will not and cannot downgrade or revise the conviction now.
Because of the nature of the offense, it cannot be expunged in your state.
But there is an option which may help: older offenses, where you successfuly completed any/all sentence, restitution, probation, etc. may be pardoned. A pardon does not erase the offense (it is not expungement), but does represent official government foregiveness for the act and may help you pass background checks. Contact the state's Department of Probation, Parole, and Pardon Services (SCDPPP) to explore this option.
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