Criminal Law Questions? Ask a Criminal Lawyer.
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Let me explain this please.
Is this a real situation or a hypothetical?
can you give me some details about the situation?
I am wanting to know why deferred prosecution is better than expungment
It is not.
You can actually have both.
Basically, if the person is convicted of a crime, in some instances the criminal conviction can be expunged.
how can yo uget both buy talking to you attorny
However, expungement does not mean that the criminal conviction is removed, it just won't show up on private background checks.
yes but can they get deferred prosecution agreement as well
deferred prosecution means following:
so if employer runs background check it wont show up for expungment
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.
Does this make sense so far?
how easy is it obtain epungment and deferred prosecution
it would depend on the crime and many other facts.
What is the criminal charge?
you always have to go through your attorney can't speak directly to the DA are write them a letter.
burgerly theft misdemeanor but the da said in plea agreement that read in burgerly and dismiss it
you will have to go through your local attorney.
was deferred prosecution offered by DA?
as long as I confess to something I didn't do
I don't know if my attorney even asked if I could get that
so the best I can do is ask my attorney if he doesn't seem to help me I can always seek another attorney
That is correct.
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.
Does this make sense?
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yes that should be all