Expunging or sealing records

questions & answers

Question: can you have a felony modified to a lower class felony or misdemeanor???

Answer: It would depend on where you are with the case. If the case is still pending, you may be able to negotiate with the prosecutor for a lower class felony or misdemeanor, or if you were to go to trial and a jury were to find you guilty of a lesser offense. If we are talking about post-conviction, whether that be by plea agreement or following a trial, the only way a felony may be reduced is if it were a class 6 felony and the plea agreement called for a reduction to a misdemeanor (commonly called a class 6 undesignated felony), or following a trial where the judge felt that it should be reduced to a Class 1 Misdemeanor. Otherwise the felony will remain at its current classification. If you are attempting to clear up your record, or make it less of an issue for employment purposes, you may consider asking for a set aside of the conviction. Assuming all terms and conditions of the sentence have been completed/complied with.