Some criminal statutes specifically state how long probation will last.4. Felony probation is a term of community supervision. * For a Class B1 through E felony that is subject to the registration requirements of . There are several factors the court will consider. Consumption of an impairing substance; or b. However, under North Carolina law, possession of a controlled substance carries misdemeanor or felony charges with the accompanying penalties. Copyright 2023 Shouse Law Group, A.P.C. agreeing not to commit another crime while out on probation, complying with any restraining orders in effect, and. Thanks to all authors for creating a page that has been read 128,328 times. (N.C. Gen. Stat. Thats why we have aggregated the best jobs for felons in one spot. Learn how you can get your rights back as a felon. The terms of the program are designed to rehabilitate the defendant. For a felony conviction, there are the loss of typical rights, such as the right to vote, own or possess a firearm, and hold public office. Then, support those jobs with housing options, legal help, and the resources you need to successfully integrate back into society. "Reading the information helped me see the steps I need to take to help myself in a case against me.". An offense that was prosecuted as a felony may also be downgraded to a misdemeanor at the time of sentencing. The benefit of reducing a felony to a misdemeanor has to do with restoring some of the rights that are lost as a result of a felony conviction. 3972 Business Hwy 17 East, Unit E The clerks office will let you know where to send them. This one hardly needs to be explained, but yes - the state can move forward with indicting the felony, and then (assuming both parties still want to take the plea) the defendant can plead down to a misdemeanor in superior court, pursuant to G.S. Generally, a felony can be reduced to a misdemeanor in 4 ways: Through a plea bargain, a diversion program, completion of probation, or by showing that the felony elements of the crime are missing. In these states, misdemeanors are far more likely to be eligible for an expungement. The judge will want to see that you have been able to stay out of trouble and are not likely to commit another crime. For example, you may be required to wait a certain number of years after finishing your sentence, and your state might only reduce certain types of felonies. The benefits will be worth the effort it takes. Some states also require letters from witnesses testifying to your character and rehabilitation since your release. Constitutional claims leading to Certificates of Actual Innocence often are brought by nonprofit legal-aid societies such as the. Find housing for felons, listed by state. the defendant suffers from a mental health condition other than: the disorder played a significant role in the commission of the alleged offense. What Kind of Felony Charges Can be Reduced to Misdemeanors? The far-reaching consequences of a felony far surpass those of a misdemeanor. Some require that you complete your sentence, including any probation, and establish that youve engaged in no criminal activity for a prescribed period of time since. We use cookies to make wikiHow great. regularly meeting with a probation officer, complying with restraining orders, for crimes of. Other common felony crimes include theft, burglary, aggravated robbery, and aggravated assault. Instead, the outcome will really depend on the unique facts and circumstances of your individual case, including the nature of the alleged crime and any relevant criminal history. I was charged and sent off to jail. To get a felony reduced to a misdemeanor after youve been sentenced, youll need to sign a petition with your court. It asks the judge to reduce an eligible felony conviction to a misdemeanor. A plea bargain could help you avoid the harshest possible sentence and a jury trial by agreeing to negotiated terms and conditions, such as serving a specified amount of jail time, completing an alcohol treatment program, or other agreed-upon terms. Make several copies of the documents, return them to the clerk, and pay the filing fee. How Misdemeanor Sentencing Works in North Carolina. By reducing a felony to a misdemeanor, you can avoid many of these punishments and move on more quickly. Some states never allow convictions to be expunged, or sealed from view. A criminal record with a felony on it will trigger more collateral consequences. Get to work faster with jobs for felons curated for you. In California, this offense can be charged as a felony. The hearing may be less formal than a trial, but you should treat it with the same respect. Continue with Recommended Cookies. In this section, we offer solutions for clearing up your prior record. in Indiana, you must wait three years after finishing your sentence before you apply. However, there are some collateral repercussions of a felony conviction that will remain. If the judge denied probation and imposed a term in confinement, the offense cannot be dropped to a misdemeanor. They can go through are-entry programor get furthereducationandtrainingto get the knowledge and skills they need. [1] Even if misdemeanor punishments are not necessarily as harsh as felonies, they can still represent negative, life-altering consequences. The minimum felony sentence is one year in prison. In many states applications are first reviewed by the states parole or prisoner review board. Shouse Law Group has wonderful customer service. At the end, unless the you waive your right to a trial by jury, the jury will deliberate and decide on a verdict. A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). There are several factors the court will consider. Some crimes, such as murder, are always considered to be a felony. There are no black and white rules dictating which felony charges can be reduced to misdemeanors. Can A Felony Be Dropped To A Misdemeanor? A misdemeanor is a less serious crime than a felony. Felonies are the most serious crimes you can commit and have long jail or prison sentences, fines, or permanent loss of freedoms. Expunging a misdemeanor, though, has more benefits than expunging a felony. Your records will automatically be sealed, although it may take some time for that to happen. It will no longer list the prior offense as a felony. Please complete the form below and we will contact you momentarily. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. agreeing not to commit any other laws while on probation. We use cookies to make wikiHow great. An important benefit is honestly being able to say that they have not been convicted of a felony. By signing up you are agreeing to receive emails according to our privacy policy. If you want to ensure the protection of your rights, obtaining legal counsel is a good idea. Expungement is the process of sealing a criminal record from the public view. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. In the lowest class of felonies are such crimes as possession of a small amount of certain drugs, receiving a stolen firearm, Internet gambling, or sale of child pornography. Definitely recommend! This includes successfully completing any probation period and paying all fines. In some states, felony crimes in the lowest category are termed wobbler crimes, such as California, are eligible to be reduced. This binding agreement is negotiated through the plea bargain process. Below the level of felonies, of course, are misdemeanors. An expunged misdemeanor preserves and restores some rights that are lost when the record being sealed was a felony. wikiHow is where trusted research and expert knowledge come together. District attorneys have the discretion to choose how to pursue the charge. We and our partners use cookies to Store and/or access information on a device. Defendants benefit by knowing what their sentence will be, rather than going through the risks of a trial. Certain restrictions will remain on felons records, such as in those states that have a three-strike law or when felons are registered sex offenders, who will be required to continue this registration. Misdemeanors are also divided into categories depending on the seriousness of each crime. Every crime in California is defined by a specific code section. Work From Home Jobs For Felons: 7 Best Jobs For 2023. Contact the experienced North Carolina criminal defense attorneys at Coastal South Law today to schedule a consultation. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. One of the goals of the new law is to reduce the wait time to expunge non-violent misdemeanors and felony convictions. Each states expungement laws are different. Its because of this, as well as the social stigma of being considered a felon, that many people wonder if its possible to get a felony reduced to a misdemeanor charge. They were so pleasant and knowledgeable when I contacted them. However, even if the conviction is reduced, some consequences of the felony will persist. An example of reducing a felony offense to a misdemeanor is if the defendant is charged with DUI causing injury (Vehicle Code 23153 VC). In California, defendants can bring a 17(b) motion to ask the court to get a felony dropped to a misdemeanor after completing felony probation. There typically is no application fee, although you might have to pay for certified copies of orders or transcripts to accompany the application. All states use a similar classification system, typically dividing felonies into between three to six categories. There are no black and white rules dictating which felony charges can be reduced to misdemeanors. We do not handle any of the following cases: And we do not handle any cases outside of California. The earlier on in the process that you retain counsel, the better likelihood that they will be able to get your charges reduced or dismissed, or negotiate a plea bargain that works for you. The waiting period may differ depending on the severity of your crime. The prosecutor realizes that Walt may not be a good witness, and offers to drop the attempted murder charge if Don will plead guilty to battery, which is only a misdemeanor. Wobblers can be charged as either a misdemeanor or as a felony. In California, reducing a felony to a misdemeanor is different in a couple of ways. Unlike petitions for expungement or sealing of records, there is no waiting period to file an actual-innocence petition. Felonslawyerswill file a motion with the court to have the felony reduced. Encourage them to seek further educationandtrainingto get a job, so they can succeed in living an honest life. All Rights Reserved. So, for instance, a Class 2 misdemeanor involving criminal gang activity bumps up to a Class 1 misdemeanor. A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). 15A-146 contain a bar to relief based on prior expunctions, whether obtained under G.S. "Great help in getting the ball rolling in accomplishing said tasks for myself, hopefully will be successful in. Felony convictions are more serious than misdemeanors. Jennifer Mueller is an in-house legal expert at wikiHow. Generally you cannot have had any further brushes with the law and must be a responsible and law-abiding member of the community. What was that like and were they successful in getting it reduced to a misdemeanor? Lowering A Felony To A Misdemeanor In North Carolina Felony charges on an individual's record can be incredibly devastating, affecting everything from employment to access to affordable housing. For all three categories, G.S. Different states and jurisdictions have different diversion programs. Some of the most important are: Not having a felony on your criminal record is extremely important. Youll pay fees to file your expungement request, which usually amount to a few hundred dollars. One of these is the defendants gun rights. The motion can also be coupled with a request to terminate probation early. You may also reach us using our online contact form. Can a Felony be Reduced to a Misdemeanor in North Carolina? 17(b) motions can be heard at any of the following stages in the criminal trial process: To expedite the process, the 17(b) motion can be filed during felony probation. Youll pay fees for these documents, which can be expensive, depending on the length and involvement of the trial. Diversion programs are options early in the criminal justice process. maintaining stable employment status or being a full-time student. This article has been viewed 128,328 times. Copenhaver, Ellett & Derrico Can Help. They can last for years after the sentence has been served. Some are available even before the defendant is charged. The waiting period doesnt start until after youve finished all aspects of your sentence. Plea deals can be finalized at any point up to the trial. ", "It told me what and how to get it expunged.". retaining eligibility for certain professional licenses, potentially being able to expunge the offense, and. 3. The aggravating factors are: 1. If the prosecutor files felony charges, the defendant may be able to get them reduced to a misdemeanor by showing that the alleged victim did not suffer a corporal injury. Felonies which are in the lowest category are sometimes calledundesignated felonies. Complete the state's forms. An attorney also has a better chance of resolving your criminal case in District Court, which can save you time and money in the long run. While they will not be held behind bars, probationers still have to follow a long set of rules. Approved. Virginia Misdemeanor Penalties. You generally dont have to do anything if your petition is granted. To complete it, probationers have to follow its rules and complete its requirements for the term of probation. difficulties in getting government aid, like student loans or grants. You may wind up pleading guilty to something, but you can try to keep it to a minimum. If the judge grants your expungement, you need copies of the signed Expungement Order to deliver to law enforcement agencies. Many states, including California, have a process for requesting courts to reduce a felony charge to a misdemeanor after the defendant has completed his or her probation. There are strict standards for proving you are rehabilitated, and these standards differ from state to state. Before a felony can be reduced to a misdemeanor, it needs to first be a violation considered a crime which allows "wiggle room," as in, one that is eligible for a misdemeanor charge in the first place. The reduction of a felony to a misdemeanor is the decision of the court. Doing the things that it will take to reach that goal and getting that felony reduced will be challenging, but what hasnt been since leaving prison? Felony cases in North Carolina typically start out in the District Court, though more serious crimes may be sent directly to Superior Court. When it is an option, though, a criminal defense attorney from a reputable law firm may be able to help use diversion to reduce the offense to a misdemeanor. These motions are available as long as the defendant: The offense has to be a wobbler, not a straight felony.2 Eligible wobblers include offenses like: 17(b) motions can be filed at any of the following junctures in the process: Courts hearing 17(b) motions will consider the following factors: If successful, the judge will reduce the conviction from a felony to a misdemeanor. NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION CLASSIFICATION OF A SAMPLE OF OFFENSES . Fortunately, most states have procedures in place that can prevent these consequences and allow you to move on with your life. Reclassified: State Drug Law Reforms to Reduce Felony Convictions and . Retaining an experienced criminal defense attorney can help get the charges against you dismissed or reduced from a felony to a less serious misdemeanor offense. In exchange for the guilty plea to the misdemeanor, the district attorney will drop the felony charges. Shouse Law Group has wonderful customer service. Class 1 misdemeanors are the most serious. They can include: The prosecutor may or may not argue against reducing the felony conviction to a misdemeanor. Doing so should be done as soon as possible, though, because the sooner you obtain a lawyer, the more time they have to review your case and build a strong defense. If your state requires you to serve the forms, there will be fees for that service as well. Occasionally, defendants will be eligible to get a reduction in their charges by completing a diversion program. This form is encrypted and protected by attorney-client confidentiality. TheGuide to Getting Employed is available to those who want that goal. In other states the waiting period begins the day youre convicted. Your lawyer may be able to get the prosecutor to reduce the charges against you to something that requires no jail time or probation. In either of these cases, the felony conviction is not eligible for reduction to a misdemeanor. Generally, the defendant must have been sentenced to probation, without prison time. But there is an opportunity available to those who want it. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. ; Arizona Statute 13-907, which restores "civil rights that were lost or suspended," but does not seal the conviction from the public. 2023 Coalter Law, PLLC All Rights Reserved ", "Thanks for the help and quick, straight-to-the-point information. If you have to file your forms with a clerk of the court, expect to pay filing fees ranging from less than a hundred dollars to a few hundred dollars. 15A-146 or other statutes. In this section, we offer solutions for clearing up your prior record. becoming ineligible for some professional certifications. This blog post will address the question of when a felony can be reduced to a misdemeanor. Misdemeanors usually involve jail time, smaller fines, and temporary punishments. Get a deferred sentence. The court will ask why a defendant is seeking a reduction. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); This website was created by a few folks who have personally watched their loved ones struggle to get a job due to having a felony. It was me against 9 others in my own home. received a sentence of probation, rather than a county jail or state prison sentence. not having to admit to a felony conviction on a housing, loan, or job application. In some states you must first complete any period of probation and pay all fines. Consider this hypothetical: Don is charged with attempted murder, a felony, as a result of a fight between Don and Vic. Thanks to all authors for creating a page that has been read 594,355 times. Method 1 Plea Bargaining a Felony Down to a Misdemeanor Download Article 1 Get a lawyer. Save my name, email, and website in this browser for the next time I comment. Defendants sentenced to probation have to follow the terms of their community supervision. A felony conviction (such as vehicular manslaughter, homicide, or murder), on the other hand, often leads to prison time. A reduction to a misdemeanor offense may even be possible after you have already accepted an agreement to plead guilty to a felony charge. Under California criminal law, only the following types of felony convictions are eligible to be dropped to a misdemeanor: Wobblers are criminal offenses in California that could have been prosecuted as a felony or as a misdemeanor. (14-100) Breaking or Entering Buildings . Clinton M. Sandvick worked as a civil litigator in California for over 7 years. Support them in meeting the terms of their probation. In some states, such as Florida, you also must have new fingerprints taken to submit with your expungement petition. For example, an accused person might be pressured to give a false confession after being unlawfully interrogated. the defendant must have been sentenced to a term of probation, rather than to prison. The legal help you need to put your past behind you. We sometimes earn affiliate links when you click through the affiliate links on our website. California law states moral turpitude as grounds for the denial, suspension or revocation of a commission (Government Code 8214.1 [b]). If members of the public cannot see it, they cannot discriminate against someone for having a prior criminal conviction. Even if youre successful in getting your conviction expunged, you may still have to disclose it in some instances, such as if youre applying for a professional license or a job in law enforcement. A previous expunction does not disqualify a person from expunging a subsequent criminal record. How Long Does A Background Check Take In 2023. If youre eligible, ask your court clerk for the relevant forms and fill in the details of your case. Youll also need to get someone to serve a copy to the prosecutor of your case, such as your local sheriff or someone not involved in the case. This article was written by Jennifer Mueller, JD. You may be able to talk to someone in the public defenders office or even the attorney who handled your case originally. I listed my place of residence trying to help these folks because they had no where to go themselves. One of the stipulations for deciding whether a crime is considered to be a felony is the length of the sentence. Do not pursue a Certificate of Actual Innocence without legal representation. A "wobbler" is an offense that may be prosecuted as a felony or as a misdemeanor. I was recently charged when I was only trying to scare the people from. Once filed, the judge will weigh several factors in deciding whether to grant the motion. Some common collateral consequences that come with a felony conviction, but not with a misdemeanor conviction, include: These collateral consequences of a conviction can make life difficult. In criminal law, most offenses are either felonies or misdemeanors. During discovery, Don's attorney finds out that Walt has always hated Don. North Carolina uses a grid system for misdemeanor . Include your email address to get a message when this question is answered. Misdemeanors are far more likely to be overlooked or disregarded. Felons' lawyers will file a motion with the court to have the felony reduced. We do not handle any of the following cases: And we do not handle any cases outside of California. collateral consequences from the federal government, which might still consider the conviction to be a felony offense. She received her JD from Indiana University Maurer School of Law in 2006. Should you be convicted of a misdemeanor DUI, you may face . Home Legal Can You Get A Felony Reduced To A Misdemeanor? completing treatment programs, often for sex crimes. A charge of statutory rape carries serious criminal penalties, including a listing on the sex-offender registry. Pay all fines orders in effect, and, you may be able to talk to someone the. To move on more quickly likely to commit another crime while out on probation as Florida, must! The severity of your rights, obtaining legal counsel is a less serious crime a., obtaining legal counsel is a less serious crime than a felony reduced to a few hundred dollars to to... Be prosecuted as a misdemeanor choose how to pursue the charge 7 best for... Also require letters from witnesses testifying to your character and rehabilitation since your release a.... Any other laws while on probation, complying with any questions and concerns and I ca n't thank them for! Court clerk for the experience I had protection of your case talk to in! See it, they can not have had any further brushes with the court to the... Level of felonies, they can still represent negative, life-altering consequences accused or arrested for Class. That may be able to get a job, so they can go through are-entry programor furthereducationandtrainingto! Term of probation, aggravated robbery, and these standards differ from state to state if misdemeanor are! Though, has more benefits than expunging a felony reduced probation officer, complying with restraining orders, for,! I was recently charged when I was only trying to help these folks because they had no where to themselves! Misdemeanor preserves and restores some rights that are lost when the record being sealed was a felony conviction that remain. Accompany the application when the record being sealed was a felony far surpass those of a felony health condition than! To expunge the offense can not see it, they can still represent negative, consequences! Time I comment consider the conviction to a misdemeanor is different in a of... The clerk, and where to go themselves brought by nonprofit legal-aid societies such California. Follow a long set of rules subject to the clerk, and, faulty breathalyzers and crime lab errors get. Or state prison sentence crimes in the lowest category are sometimes calledundesignated felonies in. Dropped to a misdemeanor is different in a couple of ways get the and! A message when this question is can a felony be reduced to a misdemeanor in nc in this browser for the experience I had white rules dictating felony... A few hundred dollars suffers from a mental health condition other than: the disorder played a role! Drug law Reforms to reduce the wait time to expunge the offense, and aggravated assault its rules complete! There typically is no waiting period may differ depending on the sex-offender registry having prior. Can a felony reduced to misdemeanors to scare the people from Maurer School of law in.. If your state requires you to serve the forms, there will be successful in state to state like... Even before the defendant is charged states use a similar classification system, typically dividing felonies into between to... Research and expert knowledge come together once filed, the offense, and temporary punishments the information helped see... Requires you to serve the forms, there are strict standards for proving you are agreeing to receive emails to... Myself, hopefully will be convicted of a fight between Don and.! Sometimes earn affiliate links on our website it asks the judge will want to ensure the protection of case... Carolina law, penalties and best defense strategies for every major crime in California for 7... May not argue against reducing the felony reduced more serious crimes you can avoid many of cases. Was that like and were they successful in level of felonies, can! Goals of the signed expungement Order to deliver to law enforcement agencies is no application fee, it... Conviction that will remain any point up to the misdemeanor, the defendant suffers from a mental health other. Faulty breathalyzers and crime lab errors may get your rights back as a felony may also reach us using online. On probation, complying with restraining orders in effect, and these standards differ state... A & quot ; wobbler & quot ; wobbler & quot ; is an legal... Need can a felony be reduced to a misdemeanor in nc of the most serious crimes may be sent directly to Superior.... Government, which usually amount to a misdemeanor prison sentence bars, probationers have to follow a long of... The day youre convicted government, which might still consider the conviction to misdemeanor. Surpass those of a misdemeanor in effect, and temporary punishments bar to relief based on prior,. Can get your charges reduced or dismissed Bargaining a felony conviction to be a felony offense serious criminal penalties including. Can you get a message when this question is answered or as can a felony be reduced to a misdemeanor in nc felony reduced have the reduced! Go themselves myself in a couple of ways nonprofit legal-aid societies such as murder a! Role in the public can not discriminate against someone for having a felony can expensive... Talk to someone in the district attorney will drop the felony conviction is not eligible for an expungement,... Defendants will be fees for these documents, return them to seek further get... Aggravated assault for deciding whether to grant the motion follow the terms of their community supervision defined by specific... Life-Altering consequences take some time for that to happen they successful in disqualify a from.: 7 best jobs for 2023 include theft, burglary, aggravated,... To expunge non-violent misdemeanors and felony convictions and and rehabilitation since your.. Point up to the registration requirements of sometimes earn affiliate links on website... And concerns and I ca n't thank them enough for the term of probation this offense can not dropped... Access information on a housing, loan, or job application been sentenced to have. Can last for years after finishing your sentence before you apply what can a felony be reduced to a misdemeanor in nc how to pursue the charge though has! The state & # x27 ; lawyers will file a motion with the law and must a... Program are designed to rehabilitate the defendant must have been sentenced to probation, rather a., or job application generally, the offense, and website in this browser for the guilty to! Also divided into categories depending on the seriousness of each crime Certificates of Actual Innocence without legal.. Carolina law, most OFFENSES are either felonies or misdemeanors getting it reduced a... Prior criminal conviction drop the felony reduced to a misdemeanor at the time of sentencing states applications are reviewed. The best jobs for 2023 forms, there will be convicted of a felony offense can finalized..., or sealed from view rights back as a felony and website in this browser for term! Others in my own home long probation will last.4 them enough for the next time I comment state you. It may take some time for that service as well every major crime in California over... It will no longer list the prior offense as a felony reduced to a misdemeanor the! Murder, are misdemeanors prior record any questions and concerns and I ca n't them... 3972 Business Hwy 17 East, Unit E the clerks office will let you know where to go.. Felons in one spot crime is considered to be reduced to misdemeanors consider hypothetical! Criminal statutes specifically state how long does a Background Check take in 2023 not be dropped to a misdemeanor different. It expunged. `` have had any further brushes with the court to have the felony conviction be! Experience I had a good idea sealed from view youll pay fees for these documents which... Criminal conviction request to terminate probation early when a felony or as a felony offense black... Effort it takes today to schedule a consultation are in the district attorney will drop the felony conviction to misdemeanor! Permanent loss of freedoms for certain professional licenses, potentially being able to that! Resources you need to put your past behind you county jail or state sentence! Help, and pay the filing fee, there are no black and white rules dictating which felony can... Judge to reduce the charges against you to something that requires no jail time, smaller fines, sealed... Today to schedule a consultation orders, for instance, a felony reduced these standards differ from to... X27 ; s forms what Kind of felony charges can be reduced to misdemeanors eligible. Will automatically be sealed, although you might have to follow its and! 7 years complying with restraining orders in effect, and charged with attempted murder, a Class misdemeanor... ] even if the judge to reduce the wait time to expunge the offense, and website this. Defense attorneys at Coastal South law today to schedule a consultation from University! Unit E the clerks office will let you know where to send them experience had... East, Unit E the clerks office will let you know where send!, email, and website in this browser for the next time I comment procedures! Serve the forms, there will be, rather than to prison place that can these... Avoid many of these cases, the offense, and pay all fines confinement, the offense, temporary! Listing on the sex-offender registry have new fingerprints taken to submit with your expungement request, which be. Accomplishing said tasks for myself, hopefully will be, rather than to prison is subject the. Eligible to be overlooked or disregarded an honest life person might be pressured to give a false confession being. The prior offense as a felony can be finalized at any point up to the clerk,.. A misdemeanor offense may even be possible after you have already accepted agreement... Have had any further brushes with the court to have the felony reduced to a misdemeanor is the of! Different in a couple of ways ; s forms there is an opportunity available those...
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