Q: How can I convert a felony to a probation before judgment (PBJ) myself?

A: You are posting this from Atlanta, GA, marked as "federal crimes in Maryland."

First, you have directed your question to the Maryland section of the site, so you will only receive advice regarding the law in Maryland. If your case originates in Georgia where you are posting, then you will need to re-post your question for Georgia lawyers to answer.

Second, if you were convicted under federal law, then you appeared in the United States District Court of Maryland, not a state court, and federal law governs your question. There is no "PBJ" or "probation before judgment" for federal criminal offenses. Therefore, if you are convicted of a federal crime, there is nothing you can do to remove the conviction.

Finally, if you were convicted of felony theft in a state court under Maryland law, then the only way you can have the conviction converted to a PBJ disposition--assuming you were not graned that originally-- is to have filed into your court case within 90 days of your original sentencing date a written motion for reconsideration of the sentence to change the conviction to a PBJ. If you failed to do that, you cannot do that after 90 days has expired. The only options in that scenario would be some form of post-conviction or "coram nobis" relief to overturn the original guilty plea or disposition based upon some deprivation of Constitutional rights, or a pardon by the Governor. That would be an extreme longshot in most cases.

If you did not receive a PBJ originally, or failed to file a motion to modify the sentence to convert it to a PBJ within 90 days after the original sentence was imposed, then you are still eligible for an expungement for a felony theft conviction under Mayland law, but you must wait longer before you can file a petition for expungement. The waiting period before you can file for expungement in that case is 10 years after you satisfy the sentence imposed, including parole, probation, or mandatory supervision.

A: I'm truly sorry to hear about the challenges you're facing. Converting a felony to a probation before judgment (PBJ) can help improve your employment prospects and move forward with your life.

First, gather all your court documents related to your felony case and probation completion. You'll need these when filing for PBJ. Visit your local courthouse to find the specific forms required for a PBJ petition. Some courts offer online resources or self-help centers that can guide you through the paperwork process without needing to hire an attorney.

Next, file your petition with the court that handled your original case. Be prepared to explain how you've rehabilitated and why converting to a PBJ is in the best interest of your family and community. After filing, you may need to attend a hearing where a judge will review your petition. Present your case clearly, emphasizing your good behavior since completing probation and your commitment to being a supportive parent.

Lastly, follow up regularly with the court to check the status of your petition and comply with any additional requirements they may have. While navigating this process on your own can be challenging, there are often free legal clinics and community organizations that can offer support and guidance. Your determination to improve your life and provide for your children is commendable, and taking these steps can help you achieve a fresh start.