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D pled no contest to possession of a controlled substance.

Placed on deferred adjudication. Q: If...
D pled no contest to possession of a controlled substance. Placed on deferred adjudication.
Q: If she sucessfully completes it will it show on her record?
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Answered in 5 minutes by:
5/9/2013
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Verified

Alex Esquire :

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

Alex Esquire :

Are you online with me?

Alex Esquire :

Welcome to JustAnswer.com

Customer:

yes

Alex Esquire :

If the defendant completes the sentence, the criminal case will be dismissed.

Alex Esquire :

Which means that the arrest and criminal charges will show up on the criminal history, but there would be no criminal conviction.

Alex Esquire :

Does this make sense?

Customer:

But it will not be dismissed outright,correct?

Alex Esquire :

Correct

Alex Esquire :

Not until the sentence is complete.

Customer:

Once completed it will still show she was arrested for said offense,correct?

Alex Esquire :

Correct

Alex Esquire :

The arrest and charges will still show up.

Alex Esquire :

But the case will show up as being dismissed

Customer:

Will it show as dismissed or simply put on deferred adjudication?

Alex Esquire :

The case would show up as being dismissed, one the sentence is successfully completed.

Customer:

"Dismissed" would seem misleading. I thought the record would simply show under "conviction" zero (0)

Alex Esquire :

Correct

Alex Esquire :

The record would not show any convictions.

Alex Esquire :

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.

Alex Esquire :

If the sentence is not successfully completed, the state has the right to continue to prosecute this case.

Customer:

So then the record would not show "dismissed"?

Alex Esquire :

Does that make sense?

Alex Esquire :

The record would show the arrest, the criminal charges and then the fact that the case was dismissed.

Alex Esquire :

but the case will not be dismissed unless the sentence is completed.

Alex Esquire :

Anyone can be arrested and charged with any crime, but unless the person is convicted of a crime, the person is considered innocent.

Alex Esquire :

Does that make sense?

Customer:

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?

Alex Esquire :

Correct

Alex Esquire :

If the person is asked if she was convicted of a crime, the person can say "No" once the case is dismissed.

Customer:

If arrested a second time for the same offense will the state treat it as a first offense?

Customer:

Q: Can she have the arrest record expunged once successfully completes D.A.?

Alex Esquire :

Thank you for your follow up.

Alex Esquire :

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.

Alex Esquire :

Is this a felony or misdemeanor charge?

Alex Esquire :

Are you online with me?

Customer:

Sorry, I have a visitor. This is a felony offense.

Alex Esquire :

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.

Alex Esquire :

So basically she will have to wait 5 years from the time arrest took place and stay out of trouble.

Alex Esquire :

Do you have any related follow up questions?

Alex Esquire :

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.

Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Verified
Alex J. Esq. and 87 other Criminal Law Specialists are ready to help you
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Dear XXXXXph,

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.
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Alex J. Esq.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
16,742 Satisfied Customers
Experience: Experienced Licensed Attorney / Criminal Law Mentor

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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).

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