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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16546
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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why is deferred prosecution agreement better than expungment

This answer was rated:

why is deferred prosecution agreement better than expungment ?

when expungment seals your recorded and deferred prosecution agreement forgives you of the crime as if it never happened?

Alex J. Esq. :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex J. Esq. :

Are you online with me?

Alex J. Esq. :

Welcome to JustAnswer.com

Customer:

yes

Alex J. Esq. :

Let me explain this please.

Customer:

okay

Alex J. Esq. :

Is this a real situation or a hypothetical?

Customer:

real situation

Alex J. Esq. :

can you give me some details about the situation?

Alex J. Esq. :

What's happening?

Customer:

I am wanting to know why deferred prosecution is better than expungment

Alex J. Esq. :

It is not.

Alex J. Esq. :

You can actually have both.

Alex J. Esq. :

Basically, if the person is convicted of a crime, in some instances the criminal conviction can be expunged.

Customer:

how can yo uget both buy talking to you attorny

Alex J. Esq. :

However, expungement does not mean that the criminal conviction is removed, it just won't show up on private background checks.

Customer:

yes but can they get deferred prosecution agreement as well

Alex J. Esq. :

sure


 

Alex J. Esq. :

deferred prosecution means following:

Customer:

so if employer runs background check it wont show up for expungment

Alex J. Esq. :

the defendant agrees to enter into deferred prosecution agreement and is sentenced, once the defendant completes the sentence, the case gets dismissed, so there is no criminal conviction.

Alex J. Esq. :

Does this make sense so far?

Customer:

yes

Customer:

how easy is it obtain epungment and deferred prosecution

Alex J. Esq. :

it would depend on the crime and many other facts.

Alex J. Esq. :

What is the criminal charge?

Customer:

you always have to go through your attorney can't speak directly to the DA are write them a letter.

Alex J. Esq. :

correct

Customer:

burgerly theft misdemeanor but the da said in plea agreement that read in burgerly and dismiss it

Alex J. Esq. :

you will have to go through your local attorney.

Alex J. Esq. :

was deferred prosecution offered by DA?

Customer:

as long as I confess to something I didn't do

Customer:

I don't know if my attorney even asked if I could get that

Customer:

so the best I can do is ask my attorney if he doesn't seem to help me I can always seek another attorney

Alex J. Esq. :

yes.

Alex J. Esq. :

That is correct.

Alex J. Esq. :

If you offered and accept deferred prosecution agreement, then once you serve your sentence your criminal case would be dismissed and you would be able to apply for an expungement so private employers won't see it on your background check.

Alex J. Esq. :

Does this make sense?

Alex J. Esq. :

Do you have any related follow up questions?

Alex J. Esq. :

I wish you the best of luck.

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Customer:

yes that should be all

Alex J. Esq. :

I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

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Alex J. Esq. and 3 other Criminal Law Specialists are ready to help you
Dear Travis,

I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

Bonus and positive feedback are always appreciated, but are not required
Alex J. Esq. and 3 other Criminal Law Specialists are ready to help you