Q: I have a felony vehicular assault and it’s been 10 years with nothing else on my record, can I petition to lower it?
My public defender convinced me taking a strike 1 vehicular assault was more so in my best interest than a dui charge and now 10 years later I’d really like to not be a violent felon!
A: It probably depends on how the case was charged and plead. Vehicular Assault is a class B felony, so ten years would be the waiting period to vacate. But there are three different ways to commit the crime of Vehicular Assault, my opinion is that one of them is eligible to vacate but the other two are not, ever. Two of the versions of Vehicular Assault are categorized as "violent" offenses, and those cannot be vacated. Commonly in the plea "bargain" process charges are reduced or modified, so I think a lawyer would have to pull the court records from your individual case to give a reliable opinion on your eligibility.
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