Tuesday, May 25, 2010

Will Violating Probation.?

Will violating probation change a Misdemeanor into a felony?
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My boyfriend when he was 17 was tried as an adult for theft, class b misdemeanor, he served his time got probation but didnt fully complete it for failing a drug test, in 2004.
In 2006 he served his warrant, and joined the army reserves and was told it was off his record. Today he got in the mail a background check saying he had a felony charge for the time he served his warrant. What can be done about this and is this possible he will be 21 next month in college and in the army reserves still, but with that on his record for life?
Answer:
No - because your boyfriend was arrested on a felony charge stemming from a warrant which was also used to violate the probation on the misdemeanor. Your bf sounds like he also spent time in prison on the suspended sentence for the misdemeanor conviction PLUS the one felony conviction - which you refer to as a warrant. The judge probably sentenced him to 18 month concurrent sentences for both convictions.

Unless you live in a state with automatic expungement, which is unlikely, both convictions are on your bf's record for life - unless he applies for a pardon from the governor.

The question was also very confusing and I doubt that accurate information was portrayed. He needs to have an exemplary record in the Army reserves, in life and with you to be eligible for a pardon down the road. Again, these depend on the laws for your state - in MD, even with a pardon, one has to wait 5 years for an expungement. If you live in FL, your bf's 2 convictions are never eligible for expungement.
my ex had a misdemeanor on his record, had it cleared off when he turned 18 and joined the Marines. To me your case should be along the same lines.
Hire an attorney.
he needs to contact the court he was tried in and he what is on his record and see why it is a felony. If he was tried as an adult it will be on his record no matter what his age was then or now. The best thing is to talk to the court that handled his case then.
Can't tell what you are talking about. The phrase "served his warrant" has no meaning that I can discern. I can say this much, that a felony charge is not the same as a felony conviction. He could have been charged with a felony and then reached a plea bargain the plead to a misdemeanor.

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