In the world of Criminal Law, there are some offenses that are known as “wobblers”. These offenses can be filed as either a Felony or Misdemeanor offense – that discretion is up to the District Attorney – and carry different sentences and consequences depending on how they are filed. This not only benefits someone accused of committing such a crime before any convictions have occurred, but a wobbler is good when someone already convicted is seeking post-conviction relief.
If you have been convicted of a “wobbler” as a Felony, you may be able to petition the court to reduce it to a misdemeanor and than ask to have the misdemeanor “expunged” and avoid having that offense show on your criminal record as a conviction. A petition to reduce the severity of an offense is always a touchy subject and the District Attorney’s office can, and usually will, oppose the reduction. For the petitioner – you – it can have a number of benefits. First of all, you could end up automatically being taken off of formal (felony) probation and simply going into “unsupervised” summary probation. Second, if you can have the charge reduced to a misdemeanor, you can seek an expungement of that misdemeanor to allow you to claim no convictions in your past (with limited exceptions).
For a free consultation about what your options are for Post-Conviction relief, call our office today for a free consultation.