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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If I was found guilty of an MIP and I went through deferment

Resolved Question:

If I was found guilty of an MIP and I went through deferment to have it dismissed, do I have to say I was convicted of the crime or was I not officially convicted because it was dismissed?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 years ago.
Hello Jacustomer,

For the most part you would be entitled to say that you have no criminal record. However, these deferments do count as convictions for certain purposes and must be disclosed,with government applications, for example, since they are never hidden from the government anyhow.
Customer: replied 3 years ago.
What about a case that did not go through deferment but was just dismissed. I have one case with two charges. the MIP went through deferment and was subsequently dismissed but the "making a false statement to a police officer" was just dismissed and did not go through deferment. My question is whether or not the "making a false statement" charge needs to be disclosed since it never went through deferment. Was it ever a charge if it was just dismissed?
Expert:  Zoey_ JD replied 3 years ago.
Hi Jacustomer,

If what you are saying is that you were arrested for two charges, but one charge was never prosecuted (it was dismissed and you cut a deal on the other) then you would just have to disclose the conviction/deferral if you were applying where that would be an issue (such as for a state license, or to work for a government employer.

Someone looking at your RAP sheet could tell that you were arrested for two charges but that only one was pursued. But you would only have to disclose the one arest and the conviction.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17382
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.