Legal Question in Criminal Law in Georgia

Can a felony conviction be changed to something lesser or taken away completely?

I was convicted of theft by taking/burg. and forgery in 2000. This was the only time in my life that I had ever gotten into trouble and this got spread out into 2 counties in GA. I was 18 then, and since I have gotten married, had 2 children, my husband joined the military, I got my GED and am not attending college for my BS in Microbiology. I desperatly want to join the ROTC program at my university and then go into the military upon my grauation, BUT with these 2 felonies (one in each county) there is no way they would take me. Is it possible to have felonies removed from your record or made into something significantly smaller? I have completed everything that I was ordered to do by the courts like paying restitution, 10 weekends in the county jail, 40hs comm. service, obtaining my GED, and have got 4 years completed of my 10 years of probation. I feel really stuck here, is there anything that I can do? The military would benefit my life more than I could ever possibly explain, but I don't know what to do right now with everything.


Asked on 6/26/04, 2:42 pm

1 Answer from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Can a felony conviction be changed to something lesser or taken away complet

There are some cases in which a felony conviction can be expunged. Whether yours fits the statutory guidelines or not, there are also some situations which, even if not fitting exactly the statutory guidelines, might present an appropriate case for a superior court judge to exercise his discretion and under his inherent power as a superior court judge with equitable powers give some relieve from the conviction.

I can not think of a situation where a felony conviction, once entered and final, could be reduced to a lesser charge.

Whether yours is such a case can not be determined from the facts presented in your question.

Jim Hough

770-607-5300

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Answered on 6/26/04, 9:07 pm


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