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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Experience:  Licensed to practice before state and federal court
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Can felony charges be expunged if i was only convicted of a

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Can felony charges be expunged if i was only convicted of a misdemeanor
JA: What state is this in? And can you tell me a little more about the charge?
Customer: Nebraska. I was charged with a 3rd offense felony DUI however the first offense from several years ago was in iowa and i received a deffered judgement. Meaning there was never a conviction and it was dismissed, after realizing there was no conviction, the county attorney quickly reduced the charges from 3rd offense felony to 2nd offense misdemeanor i was convicted of the second offense misdemeneor but the orignial charges of a felony will stick with my back ground forever
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: not at this time.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. If I can make sure I’m clear, you’re looking to have your IOWA misdemeanor record expunged, correct?

Customer: replied 1 month ago.
No . I was charged with a 3rd offense felony dui in Nebraska . For some reason when they charged me for the 3rd offense felony , they were counting my iowa dui from several years ago . They should not of counted the first conviction in Iowa because it was a deferred judgement . The deferred judgement means it was dismiss and I was never convicted .. because there was never a conviction in iowa , I should of only been charged with a second offense misdemeanor rather than 3rd offense felony . Once the county attorney realized this error , he quickly reduced my 3rd offense felony charge to a 2nd offense misdemeanor . I was convicted of a 2nd offense misdemeanor . Because I was charged with a felony but was only convicted of a misdemeanor , can I have the original charges of the felony removed from my record ? When doing background checks , it shows my conviction but also shows that it started as a felony .

I see what you mean, one moment...

Ok, expungements are governed by Neb. Rev. Stat. § 29-3523, and are only applicable when no conviction was ever received. If in your case there was no felony record, but it's still showing up mistakenly in your background checks, then you're going to need to petition the court to have them remove the felony. You'll need to file it in the court where the phony conviction was made. The court may grant the petition and issue an order expunging it. You just have to make sure you're clear as to your facts so the judge will do such a thing.

Did you have any other questions for me?

Customer: replied 1 month ago.
It's showing only as a misdemeanor conviction on my background checks but it also shows the original charge was a felony . What I'm asking is can I have the original felony charges removed from public records since it only end up being a misdemeanor . I don't want an employer to see that my second offense misdemeanor dui conviction originally started out as a felony charge .

Yes, you would need to petition the court to have the felony charge removed. You could argue that it was a mistake by the prosecution to even charge you with that and you should explain that they immediately dropped it to a misdemeanor.

Customer: replied 1 month ago.
Understood . How do I begin that process in Nebraska

Good question. I'd get some 28-line pleading paper (usually a Microsoft Word template) and then write down that this is a petition under the statute I cited earlier. You will want to give the judge a quick timeline of your situation and then in your "prayer for relief" at the end of your paper, you can request that they expunge the charge. You file it in the court where the charge was and wait for the judge to enter an order. It is possible a judge may call a hearing to hear from you directly, but it's unlikely. Did you have any other questions for me?

Customer: replied 1 month ago.
No thanks . You have answered my questions

The pleasure is all mine! Further up on the you should see a chance to give me a rating. 5-stars are always appreciated, but it is definitely not required! You can also click here in the future to request me individually. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

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