FLORIDA - Reducing a Felony to a Misdemeanor

[william71]

What is the name of your state (only U.S. law)? FLORIDA

Has anyone ever had a Felony reduced to a Misdemeanor after charges have been filed and after you have completed your sentencing and have done everything that has been asked of you by the courts?

I have a first time Felony charge for Aggravated Assault (Adjudication Withheld) that's about 4 years old on my record that I'd like to have reduced to a misdemeanor so I can eventually expunge it. PLEASE, can anyone tell me the steps I need to take to start this process? Any advice or help on this would be greatly appreciated. What is the name of your state (only U.S. law)?

 

[FlyingRon]

1. I know of no procedure to change a felony conviction to misdemeanor.
2. Even if you could, short of a pardon with expungement order, there's now way to expunge/seal even misdemeanor convictions in Florida.

 

[william71]

1. I know of no procedure to change a felony conviction to misdemeanor.
2. Even if you could, short of a pardon with expungement order, there's now way to expunge/seal even misdemeanor convictions in Florida.

THAT'S COMPLETELY WRONG RON. Of course you can seal/expunge charges from your record. Why do you think there are procedures & guidelines for sealing/expunging.

 

[Just Blue]

What is the name of your state (only U.S. law)? FLORIDA

Has anyone ever had a Felony reduced to a Misdemeanor after charges have been filed and after you have completed your sentencing and have done everything that has been asked of you by the courts?

I have a first time Felony charge for Aggravated Assault (Adjudication Withheld) that's about 4 years old on my record that I'd like to have reduced to a misdemeanor so I can eventually expunge it. PLEASE, can anyone tell me the steps I need to take to start this process? Any advice or help on this would be greatly appreciated. What is the name of your state (only U.S. law)?

What was the felony conviction for? Who did you assault? Police officer? Girlfriend? Old lady you attempted to rob?? The circumstances of the assault could "influence" the likely-hood of a Expungement.

 

[Just Blue]

What was the felony conviction for? Who did you assault? Police officer? Girlfriend? Old lady you attempted to rob?? The circumstances of the assault could "influence" the likely-hood of a Expungement.

Private Message: Felony to Misdemeanor
Today, 07:18 PM
william71
Junior Member Join Date: Sep 2008
Posts: 21

Felony to Misdemeanor


Hello Blue Meanie,
NO I didn't rob an old lady or park in the handicap spot. This charge involved an ex-girlfriend of mine. I never hit her or harmed her in anyway. What I did was threaten the guy I caught her cheating on me with. I never hit him either but charges were filed anyway.

So now I'm left with this charge that I'm trying to seal or expunge or do something with so my career isn't effected.

As I find it hard to ...credit... that you were convicted of a felony for "threatening" a person...unless you were on probation/parole for another crime(?) I posted your p.m. to me here so that others may give their opinion.

 

[ERAUPIKE]

Sorry, your crime is not eligible to be expunged. Specifically, Pursuant to Sections s.943.0585 and s.943.059, Florida Statutes, a Certificate of Eligibility to expunge or seal a criminal history record cannot be issued under any of the following circumstances:

1. The criminal history record reflects that you have been adjudicated guilty of a criminal offense or comparable ordinance violation or adjudicated delinquent for committing any felony or a misdemeanor specified in s.943.051(3)b. Certain driving violations are classified as criminal, such as DUI, reckless driving, and (with some exceptions) driving while license is suspended/canceled/revoked.

DISQUALIFYING CHARGES FOR EXPUNCTION/SEALING
A request for a certificate of eligible for an expunction or sealing of a criminal history record will be denied if the defendant was found guilty or pled guilty or nolo contrendere, even if the adjudication was withheld, on any violation of the following:
Offenses listed in S.907.041, F.S.
1. Arson
2. Aggravated Assault
3. Aggravated Battery
4. Illegal use of explosives
5. Child abuse or Aggravated Child Abuse
6. Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
7. Aircraft piracy
8. Kidnapping
9. Homicide
10. Manslaughter
11. Sexual Battery
12. Robbery
13. Carjacking
14. Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years
15. Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of a person in familial or
custodial authority
16. Burglary of a dwelling
17. Stalking of Aggravated Stalking
18. Act of Domestic Violence, as defined in s.741.28
19. Home-invasion Robbery
20. Act of Terrorism as defined by s.775.30
21. Attempting or conspiring to commit any of the above crimes
22. Manufacturing any substances in violation of chapter 893

If you would like to review the form for yourself you can find it here, http://www.fdle.state.fl.us/Content...and-Expunge-Application_Revised-06152010.aspx

 

[FlyingRon]

THAT'S COMPLETELY WRONG RON. Of course you can seal/expunge charges from your record. Why do you think there are procedures & guidelines for sealing/expunging.

Actually it is NOT wrong. You can not seal / expunge CONVICTIONS in Florida as I stated.
Did you read the guidelines? You can have the arrest history expunged in many cases but the statutes have this wording in multiple places:

Has not been adjudicated guilty of, or adjudicated delinquent for committing, any of the acts stemming from the arrest or alleged criminal activity to which the petition pertains.

Which pretty much seals the deal on convictions. As ERAU points out, even a withheld adjudication for this charge isn't going to be expungeable.