Hello, and welcome! I am a licensed attorney and will be happy to assist you.
can a criminal case get deferred prosecution agreement even if the person gets expungment first are does deferred prosecution agreement have to come before expungment.
The deferred prosecution MUST COME BEFORE the expungement
- an expungement is an erasure of the criminal event.
proceeding is a type of proceeding
in which a first time offender of a prior criminal
conviction seeks that the records of that earlier process be sealed
, thereby making the records unavailable through the state or Federal repositories. If successful, the records are said to be "expunged". Black's Law Dictionary
defines "expungement of record" as the "Process by which record of criminal conviction is destroyed or sealed from the state or Federal repository." [Wikipedia]
which looks better on a job application. does expungment seal your recorded fro employees run background checks.
Yes, an expungement seals your record so that the event doesn't even show up in a criminal records
search of the individual - while deferred prosecution still shows.
So you want to get the deferred prosecution expunged later on.
What you should ask is - is there automatic expungement upon the completion of the deferred prosecution program. In some larger counties - it's automatic. In some smaller counties one has to file a motion with the court
to get the matter expunged.
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