Q: Who is responsible to change from felonie to misdeamenor when new law makes retroactive?
I caught a poss of cds on 02/19/2015. Have not been convicted to this day. Was put on a deferment.But everyone else's poss of cds is now misdeamenors on oscn.net and odcr.com. Mine still says felony and never been convicted. And I thought that was not suppose to be made public info. It is preventing me from getting a gaming license and a good job.
A: The first question I would have is whether you paid all of your fines and probation fees? If you had, then it should have been dismissed and expunged from OSCN, when you showed up for court on your Deferred review date. On the other hand, if it was dismissed and expunged, that is only on OSCN. To completely clear it, you would have to have it expunged from OSBI's database. There is a fee to produce that result, but it is fairly reasonable. Also, if you are still on probation there is a new law being passed which should help you receive the modification you are looking for. If you want help with that please give us a call...918-884-7791 Boeheim freeman Law.
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