how to get a felony removed
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how to get a felony removed
I was convicted of a felony and at my first hearing I was offered a deferred sentence and my court appointed attorney did not tell me what that meant and I was very stupid and scared. I was ordered to pay restitution and I set up a wage garnishment but once the court fees were paid it stopped. They never carried it over to my restitution and I never paid attention to it. When I went back to court the judge was very angry and said he was not accepting my ignorance and was not accepting the deferred sentence and I now have a felony. I completed the probation and have paid all of the restitution back and want to know if it is possible to get the felony removed or something. I have now received my paralegal degree and am having a very hard time finding work because of my record.
Asked on October 4, 2018 under Criminal Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Your state allows expungement (basically "erasing" for most purposes, including criminal background checks) of a felony only if: 1) you were under 25 when it was committed; the maximum potential sentence was 6 years or less; and 3) you successfully completed the full sentence (whatever they in fact gave you). Worse, though, you must have requested expungement at the time of sentencing (see Wis. Stat. Section 973.015) and the judge must have decided to allow expungement then--that is, it does not appear that your state allows expungement requests after the fact. While you should consult in person with a WI criminal defense attorney who can evaluate all the specific facts of your situation and see if there is any exception that would allow expungement, it appears that since you did not ask for it when sentenced, that it would be too late now.
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