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MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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what is better in all criminal cases expungment are deferred

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what is better in all criminal cases expungment are deferred prosecution agreement wit dismissal of case?

when is the only time a person can get deferred prosecution agreement?

can you be convicted of a crime and still get deferred prosecution agreement?

if you get a expungment of misdemeanor theft after 1 year can you send in for a finger print removal?

how does a person request a deferred prosecution agreement can it only be done with a attorney?

Hello and thank you for your question.

Generally, with a deferred prosecution agreement, the court dismisses the charges after successful completion of the deferred prosecution contract, which may include a period of time that the defendant must stay out of trouble, community service and possibly attending drug or alcohol classes. A description of deferred prosecution, including eligibility criteria, is available here Although counties may differ in specifics, they offer basically the same program for deferred prosecution. You do not need a lawyer to get a deferred prosecution disposition. A person can request a deferred prosecution from the DA who is handling the case. If a person has been previously convicted of a crime, he or she may still be able to get a deferred disposition agreement. It would depend on the specific program available where the new criminal case is pending.

Expungement of court records following successful completion of the deferred disposition agreement can be included as part of the agreement and the court has the authority to order expungement. This expungement only applies to court records and does not include the state database or records of other agencies. However, when the case is dismissed after the completion of the deferred prosecution agreement, then the person can seek to have any state criminal record, including any record of arrest, removed from the Wisconsin Criminal History Repository. Information on the procedure and required forms may be found here

The best scenario is 1) deferred prosecution agreement with dismissal as outcome 2) court records expunged and 3) any criminal and arrest records removed from the Wisconsin Criminal History Repository.

Please feel free to ask any follow-up questions. You can ask any further questions in this thread and you don't need to start a new question.

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