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TOPIC: Deferred Sentence but my Conviction still shows

Deferred Sentence but my Conviction still shows 5 years 4 months ago #249

  • RobertMl
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here's my story:
A year ago i shoplifted, and had a deferred sentence for 12 months. I complied with all of the conditions of the deferment.

It is now 13 months past the court date, I had a background check done, and the theft charges are still on my record. Why is this?

After successful completion of the probation period for the deferred conviction shouldnt my record be clean? (like it was never there)

My understanding was that after one year of the court date, if i followed all of the outlines set by the judge (which i have), I would have a \"clean slate\". such that, when a background check is being done, nothing bad will show up...
is it possible they just havent taken this off my record yet???
Thanks for any of your help.


This information may seem simple but im still a little confused... for number (1) if says non-conviction data....isnt that me???
and if not... why doesnt non-conviction data apply to a deferral sentence?
thank you so much!


Christine, you have a simple misunderstanding. The sequence of events is:
1) commit crime
2) charged with crime
3) trial (or plead guilty) results in conviction.
4) Sentencing (which may be deferred until later).
5) Pay for the crime by going to jail, go on probation, or agree to be good to comply with deferred sentence requirements. If you commit another crime, the first deferred sentence will become active, and you will sentenced to pay for both crimes.

The trial/conviction (#3, sentencing (#4), and pay for the crime (#5) are separate events.
You were convicted of a crime and that is on your record.
The deferred sentence, just did not send you to jail because you agreed to be good from now on.
If you want to get the conviction off of your criminal record, you should try to get your record expunged. But, be aware that expungement only works on government/court records. A private company may accumulate criminal records to provide online background search . Those private companies will still have your conviction on record and it will show up on a pre-employment background check. If you are successful with your expungement, then you should write to all the private companies and ask for the conviction information to be removed from their database. There is no law to make them comply, but many of them will remove the info if you get the expungement.

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Last edit: by Littleman.
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