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If my charge was converted from a felony to a misdemeanor,

how long do I have...
If my charge was converted from a felony to a misdemeanor, how long do I have to wait to seal it? Where my rights for voting, passports, and guns automatically restored? The charges are in Ripley County, Indiana, if that helps. My public defender was very vague with his answers.
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Answered in 5 minutes by:
8/7/2017
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 14,089
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Hello,

Under Indiana law, a person who was convicted of a misdemeanor, including a Class D felony that has been reduced to a Class A misdemeanor, may petition to have their conviction records expunged five years after the date of the conviction. To be eligible, the person must not have any pending charges, must not have a suspended driver’s license, must have successfully completed their sentence, and must not have been convicted of any crime for the previous five years.

You don't lose your right to have a passport with a misdemeanor conviction with certain limited exceptions for certain drug convictions. Similarly, your voting rights are not lost with a misdemeanor conviction. Gun rights are not lost with a misdemeanor conviction unless again, you have been convicted of certain crimes, such as domestic battery.

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Customer reply replied 4 months ago
OK, so because it was converted to a misdemeanor, misdemeanor rules apply? I never lost my rights because it was a felony theft charge, non-violent, first? That's awesome.

Correct. You didn't lose your rights when charged with a felony because you weren't convicted, so you still had your rights. And a misdemeanor conviction does not cause the same loss of rights (in most cases) the way felonies do.

RobertJDFL
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Customer reply replied 4 months ago
Thank you so much. Very appreciated.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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