Hello. My name is XXXXX XXXXX X will be glad to help you.
Are you online with me?
Welcome to JustAnswer.com
If the defendant completes the sentence, the criminal case will be dismissed.
Which means that the arrest and criminal charges will show up on the criminal history, but there would be no criminal conviction.
Does this make sense?
But it will not be dismissed outright,correct?
Not until the sentence is complete.
Once completed it will still show she was arrested for said offense,correct?
The arrest and charges will still show up.
But the case will show up as being dismissed
Will it show as dismissed or simply put on deferred adjudication?
The case would show up as being dismissed, one the sentence is successfully completed.
"Dismissed" would seem misleading. I thought the record would simply show under "conviction" zero (0)
The record would not show any convictions.
It is not misleading, as the case and arrest in fact existed, but the state agreed to "defer prosecution" which mean to put prosecution on hold, pending successful completion of the sentence at which point the case gets dismissed.
If the sentence is not successfully completed, the state has the right to continue to prosecute this case.
So then the record would not show "dismissed"?
Does that make sense?
The record would show the arrest, the criminal charges and then the fact that the case was dismissed.
but the case will not be dismissed unless the sentence is completed.
Anyone can be arrested and charged with any crime, but unless the person is convicted of a crime, the person is considered innocent.
Yes,so then if successfully completed the charges are in fact dismised & if questioned by a potential employer she can say with straight face that charge was dismissed & never convicted of such offense?
If the person is asked if she was convicted of a crime, the person can say "No" once the case is dismissed.
If arrested a second time for the same offense will the state treat it as a first offense?
Q: Can she have the arrest record expunged once successfully completes D.A.?
Thank you for your follow up.
The state will treat another offense as a first offense, if arrested after the case is dismissed, but she would not be eligible for another deferred adjudication.
Is this a felony or misdemeanor charge?
Sorry, I have a visitor. This is a felony offense.
The person will be able to apply for an expungement, if she is not convicted of another felony within 5 years from the time of the arrest for this offense.
So basically she will have to wait 5 years from the time arrest took place and stay out of trouble.
Do you have any related follow up questions?
Thank you for using Justanswer.com. Please click on the "Excellent Service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.
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).