I had a felony shoplifting charge that was dropped to a misdemeanor back in the 90's. I was offered a misdemeanor 6 months county jail term. My Public Defender told me to take the case to felony court to see what they offered. They went up in time to one year and I had to fight to get it down to six months. It ended up a felony conviction. I found out I could have fired my lawyer and got the original misdemeanor deal I was offered but my Public Defender never told me. I didn't know my rights. Now I am a convicted felon for stealing a leather jacket. I can't own a gun. Is there any way I can overturn this into a misdemeanor so I can own a gun and not be a felon because of a malicious lawyer?
2006-09-17 18:35:07 · 13 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I cannot respond to your question definitively without knowing the state in which you were convicted. In California, for example, if you have satisfactorily completed your probation and are not serving a sentence or on probation for some other offense, you can petition the Court to be permitted to withdraw your plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if you were convicted after a plea of not guilty, the court may set aside your verdict of guilty.
You can also get your criminal record expunged. MInd you this isn't a complete whitewash. If you get in trouble again, they can use that prior conviction. And the federal government can ignore this process in immigration proceedings.
As others have said, this is really a tricky enough procedure that you should consult with an attorney in your jurisdiction. If the facts are as you represented, I would say you have a good shot at it.
2006-09-17 20:17:14 · answer #1 · answered by MBH 3 · 0⤊ 0⤋
Given that you have waited this long to take action, it might be too late for you to do anything to get your felony conviction off your record. Given that the public defender failed to tell you vital information that you needed, perhaps you can file an appeal of the conviction on the grounds of misconduct and/or failure to perform. Of course, ultimately the reason you were convicted is because you used a Public Defender and the sad fact is most of them are so overburdened with excessive caseloads that they don't have the time or energy to do more than the minimum for each of their clients. More to the point, public defenders don't really do much in the way of defending their clients, and so it's no surprise that they almost never get anyone off. The other reason you were convicted, of course, is because you were found guilty. Even with an incompetent lawyer, there must have been sufficient evidence against you. Sometimes the consequences of the actions that we so thoughtlessly commit as youth can haunt us for decades. But the young almost never seriously think of the future.
What is so striking about your question is that, unlike most ex-convicts who seek to have their records purged for reasons such as regaining the right to vote, you apparently want to regain the right to possess a firearm. Given this, I can only suggest that the best thing you can do for yourself and your life is to learn to live with the limitations your conviction has imposed on you as it is highly probable that if you regained the right to possess a firearm, you would find yourself in legal trouble far worse than stealing a jacket got you.
Good luck.
2006-09-18 05:40:45 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I've never heard of anyone being able to drop a Felony conviction .I really can tell you Not to own or carry a firearm you will do some serious State Time for this offense.Good luck and God Bless..
Me
2006-09-17 18:50:56 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You can't. Once something is on your criminial record it is there for life. In some Extremely rare cases if you were pardoned it would be removed but don't count on that happening.
Beside the point, why do you need to own a gun? Are you a farmer that needs it for livestock protection?
2006-09-17 18:43:47 · answer #4 · answered by hoonette 3 · 0⤊ 0⤋
thank god for stupid lawyers...because your main objective to clearing your record seems to be so you can have a gun you will never get a pardon. but idiots like yourself can always get a gun .but you are stupid and will go to jail for being a felon in possession of a firearm, and we all will be safer while you are doing time...and then when bubba sticks his gun up your bum maybe you will think twice about carrying a gun
2006-09-17 19:12:19 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Become friends with politicians. Governors and Presidents can commute sentences and erase felony convictions.
2006-09-17 18:45:41 · answer #6 · answered by Lee J 4 · 0⤊ 0⤋
travel out into space at the speed of light and you'll go back in time, preferably to just before the unfortunate incident and then simply don't do it, that way the felony can't be there
2006-09-17 18:40:47 · answer #7 · answered by paolo777 1 · 0⤊ 1⤋
yes each state calls it some thing different hire a good atty
2006-09-17 18:46:47 · answer #8 · answered by robert899295 3 · 0⤊ 0⤋
dont sound like an idiot...you can always get a gun even if you are america's most wanted...oh there are ways... ;)
2006-09-17 18:38:13 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Know the right people and pay money.
2006-09-17 18:44:05 · answer #10 · answered by Anonymous · 0⤊ 0⤋