Q: I thought I pleaded down a class 3 felony down to a misdemeanor, but the felony is still showing on system
I was charged with a class 3 felony possession of a controlled substance and an unrelated misdemeanor charge. As the title says, it was my understanding the the felony would be dropped if I took the misdemeanor conviction, which I did. I also had to complete a SWAP program.
However, the both the felony and misdemeanor charges still show on the public court system as "closed". It also says, "Terminate Sentence -
Satisfactorily". To me, this looks like I was convicted of both the felony and misdemeanor. My concern is obviously that I don't have a felony on my public record. Can someone explain this to me?
Thanks,
A: I think you need to talk to the lawyer that handled your case. You should also look at the court file and see if there's a sentencing order to see what you plead guilty to. If the felony was dismissed, you may be able to expunge or seal the case so that it doesn't appear on a background search but you need to talk to the lawyer who handled your case to find out what happened and if you would be eligible to expunge or seal. You need to get to the bottom of what happened to that felony.
Juan Ooink agrees with this answer
A: I agree with Mr. Dimeas. You need to speak with your original attorney. The felony might have been dismissed pursuant to the plea. However, if you were charged under one case number, that case number will show both charges. Generally, you can't piecemeal seal/expunge cases, only case numbers. If they were two separate case numbers, you might be able to immediately expunge/seal the felony number. You should speak with the original attorney and consult a local expungment/seal attorney to see if you can remove the entire charge from the public record.
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