Legal Question in Criminal Law in Texas

Felony to Misdemeanor

I am attempting to have a felony I recieved ten years ago, to have lowered to a misdemeanor. I received the felony, due to I did not go to trial and entered into a plea of no contest and received probation instead of going to trial and fighting the charge due to lack of financial means. I was told that my record would be cleared after I completed my probation period it was not.I was 17 at the time I was charged with the felony. My reasoning for wanting the felony dropped to a misdemeanor, is due to the fact that I was charged with a felony, because the owner of the property reported it's value at over $1000 dollars at the time of arrest,which I found out was not correct, but since I did not go to trial I could not fight it. I am looking for any way (loophole) that can assist me with changing this felony to a misdemeanor or getting it expunged or sealed due to I was a juvenile at the time.


Asked on 11/27/04, 2:35 pm

2 Answers from Attorneys
John Armstrong The Law Office of John W. Armstrong

Re: Felony to Misdemeanor

First, you were not a juvenile, under Texas law, anyone who is 17 years of age is considered an adult for purposes of criminal law. Second, there is nothing that I know that you can do to reduce the case from a felony to a misdemeanor as that should have been done when the plea bargain was entered into at the time of the plea. With regard to an expungement or sealing the record, you will need to talk with a criminal defense attorney in the community in which you live.

Read more
Answered on 11/28/04, 9:21 am
David Colt Colt Law Firm, P.C.

Re: Felony to Misdemeanor

Hello:

Whatever state you received the conviction at is the state where you need to deal with an attorney at. For example, if the conviction/plea agreement was in Colorado, then you will need to deal with a Colorado attorney because Colorado law applies; however, if the conviction/plea agreement was in Texas, then Texas law will apply and you need a Texas attorney.

Assuming that Colorado is the state of conviction/plea agreement, you will not be able to "change" the conviction from a felony to a misdemeanor because Colorado law won't allow it. However, you may be able to get the conviction sealed on your criminal history, and therefore you would not have to disclose it (there are exceptions, for example, if you were applying for a job in law enforcement, classified military, etc.) and no one else would be able to see it on your record.

If you are interested in trying to seal the records yourself, the Colorado statute governing the procedure is C.R.S. 24-72-308, or if you would like for me help you attempt to seal the record, please contact me at 303-321-6872. I would meet with you for a free initial consultation. I am in the Cherry Creek area of Denver. David Colt.

Read more
Answered on 11/29/04, 6:00 pm


Related Questions & Answers

More Criminal Law questions and answers in Texas