Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

Hi, I am under Deferred Prosecution for a DUI, marijuana paraphernalia,

resisting arrest, and obstructing a...
Hi, I am under Deferred Prosecution for a DUI, marijuana paraphernalia, resisting arrest, and obstructing a law officer. I am interviewing for a teacher position on Monday. I'm not sure what to disclose as my finger print cards have not been done (I'm doing them on Monday), but I was fingerprinted after the arrest in 2012. I was told by the Office of Superintendent of Public Instruction that FBI will disseminate what information to share with the school district and OSPI. If I am under a deferred prosecution, will these show up? How does the FBI determine what to share? These a pretty serious allegations and could cost me the job. I am worried that they will show up and there is nothing I can do about it. I need advice as to what the FBI will share, especially if I'm under deferred prosecution. Washington State Patrol says they only share convictions, but FBI gets the whole record. Does the Deferred Prosecution even help? It seems that it doesn't if all records can be seen. I know I am not convicted of them, but when does a deferred prosecution show up?
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 4 minutes by:
10/19/2013
Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31,869
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified

Roger : Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question. I'll be glad to assist.
Roger : While you are on deferred adjudication, the arrest will appear on your background check.
Roger : However, there will be no record of any convictions because you weren't/haven't been arrested.
Roger : If the deferred adjudication is completed, then nothing but the arrest would show up, and you could likely have that expunged.
Customer:

I was arrested for the DUI, marijuana paraphernalia, resisting arrest, and obstructing a law officer. I was fingerprinted..how will this show up on FBI records?

Customer:

How does the FBI disseminate what to share with the school districts?

Roger : Anything in the public records are reported.
Customer:

Are they reported as Deferred Prosecution? How does it look when school districts get the record?

Roger : The thing is that IF you complete the deferred adjudication and if you expunge the arrest records, then no one could see the information EXCEPT the FBI. The expungement takes it away from employers from seeing it.
Roger : Right now, the only thing that should report is the arrest - - the deferred prosecution likely won't appear.
Customer:

But I am still under the deferred.It is not expunged. I was arrested because I was fingerprinted..What will the school districts see?

Roger : If the deferred adjudication is completed, then it will never appear. The only thing that you'd see is the arrest.
Roger : The arrest will be all that the school sees.
Customer:

I don't understand..they don't see what I was arrested for?

Roger : Even when you complete the deferred adjudication, your background check will STILL show the arrest unless you expunge the arrest.
Customer:

You're not answering my question, what will the school districts see? That I was arrested but don't see why, because it is in deferred? I need to specifically know what the school districts will see and not see. I am still under deferred..

Roger : Let's start over......
Roger : On your criminal background check as things currently stand, here's what will appear:
Customer:

Okay..where should I start?

Roger : YOUR ARREST
Roger : WHAT YOU WERE CHARGED WITH
Roger : That's it.
Customer:

That's everything..

Roger : The fact that you're under deferred adjudication will not appear.
Roger : This is so because you're still going through the process.
Customer:

So school districts will see everything?

Roger : IF you complete the process, you will not be convicted of the crimes, and that will be the end of it.
Roger : But, your arrest will still show up UNLESS you file for an expungement after the deferred adjudication will complete.
Roger : YES, the school will see anything that is in the public record......which includes arrests.
Customer:

So, they don't even see that it is deferred do they? They'll see them as convictions.

Roger : They should not see the deferred adjudication because it's a pending situation until you complete the terms of your deferment.
Roger : But, it WILL NOT be viewed as being convicted.
Roger : All it will show is that you were arrested for these things - - - that's it.
Customer:

So, if I am still under deferred, it doesn't matter, school districts will see everything, even if it is deferred, and view them as convictions. I don't know why you say "that's it"..it sounds like everything to me.

Roger : The arrest will not appear as a conviction of anything.
Customer:

So, if I was arrested for these things, what is specifically shared with the school districts?

Customer:

How will it look on paper?

Roger : It should state the date of the arrest and the charges.
Customer:

So, they do see everything?

Roger : They will see the arrest and the charges, but there will be no disposition listed because there hasn't been one.
Customer:

So, if there is not disposition, how will that look on paper?

Roger : It won't change from how it looks now - - it will just show the arrest and the charges.
Roger : In order to TOTALLY REMOVE everything, you would have to file for an expungement.
Roger : But, that's not available until after your deferred adjudication is completed.
Customer:

I might have well not even paid money for the DP, just got a conviction if it doesn't even matter. School districts will not hire me with these on my record.

Roger : It's going to matter in the long run because if you had been convicted, it would remain on your record forever as expungements for a conviction are rare and usually impossible.
Roger : With the deferred adjudication, you will eventually be able to remove the arrest and avoid a conviction.
Customer:

So, school districts will see my arrest and the charges, but nothing will show up as a conviction? How will they interpret that information?

Roger : They'll likely ask you the status of the arrest since there's no disposition, and you can reply that you're on deferred adjudication and that you'll have this entirely erased as soon as you complete the process.
Customer:

Will they see that there is no disposition?

Roger : Yes.
Roger : They'll definitely see that there's been no conviction.
Customer:

If they see the arrest

Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31,869
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified
Roger and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Roger Your Own Question
Roger
Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31,869
31,869 Satisfied Customers
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters

Roger is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
May a program that provides apartments to the mentally ill
May a program that provides apartments to the mentally ill advertise in the help wanted section of the local newspaper for staff that this is their purpose (services to the mentally ill) … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
What is the difference in a order of non discloser and a
What is the difference in a order of non discloser and a expungment? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My brother voluntarily signed his own deportation because he
my brother voluntarily signed his own deportation because he didn't want to do jail time about ten years ago.so he was deported an after ten years he tried to enter the US on his own terms and got cau… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers
We have some petty theft going on at our workplace - someone
We have some petty theft going on at our workplace - someone is stealing cash out of wallets in other employee's jackets.What is the appropriate way to catch this person, and what do we do once we hav… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
Can a judge make an accurate criminal ruling without a
Can a judge make an accurate criminal ruling without a police report to document facts, and merely rely on the foggy untrue memories-from months earlier_ of a bankrupt punished policeman who now works… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
How much trouble can one be in if they were just friendly to
How much trouble can one be in if they were just friendly to an inmate while being an employee there … read more
QuickEasyLegalHelp
QuickEasyLegalHelp
71 satisfied customers
Daloisio Daloisio Criminal Lawyer Here is local rule CV-10
James Daloisio James Daloisio Criminal Lawyer Here is local rule CV-10http://www.txwd.uscourts.gov/U… The web site does not come up could you assist me in finding the rules… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
79 satisfied customers
My fiancé was harassed by his parole officer 2 days ago.
my fiancé was harassed by his parole officer 2 days ago. I've never been separated from him so it's hard for me to sleep. He is everything to me. She did a search on him on one his house visits and sa… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can I get in trouble picking up allegedly stolen property
Can I get in trouble picking up allegedly stolen property that had been confiscated by the police.… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a I founded out that my fiancé was cheating on me. In
I have a I founded out that my fiancé was cheating on me. In a hate of rage I cut up our furniture with a kitchen steak knife. I paid for the sofa myself and have the receipts. Can I still be charged.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My girlfriend was charged with a criminal offense and is
My girlfriend was charged with a criminal offense and is using the local version of the "Public Defender" as her attorney. This particular case is a misdemeanor, but it relates to a felony conviction … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
I have been shamed for asking lawyers this question in the
I have been shamed for asking lawyers this question in the past....but here I go.... I was sexually abused by my Dad from 8 - 18 yrs old. He has died. It would be a NJ case and I believe they have no … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,946 satisfied customers
Murder one means what. Texas. The lady that killed my
yes the lady that killed my daughter is in jail an they are going to try her on the charge of murder one … read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
I was in a car accident in Dec 3. I ran in back of someone.I
I was in a car accident in Dec 3. I ran in back of someone.I had a bloody mary and 1 and a half beers. I'm on meds. so I thought I should stop .before i left there were a couple of guys had a few beer… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
JustAnswer.com LoginContact us With regard to the invoking
JustAnswer.com LoginContact usWith regard to the invoking of spousal privilege in the state on New Mexico. The primary case is a DV battery household member husband alleged battery to wife. Husband an… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
This is a continuation of a previous line of questioning to
This is a continuation of a previous line of questioning to "Just Answer".) I was arrested during a Swing Dance in a Federal Park and charged with Simple Assault. A woman claimed I inappropriately tou… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
How do I get power of attorney of my mother. New Jersey. How
how can a lawyer be in charge of my mother a she is in a nursing home… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
I have a HUGE concern. A little over a week ago, I was
Second opinion] Ok, so I have a HUGE concern. A little over a week ago, I was watching a naturist site, And i clicked an advertisement, but it took me to a page where child porn was visible!! When I c… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,946 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x