What is a deferred sentence

[bella2001]

I just want to know what exactly does it mean by a deferred sentence?

[aaron]

A reference to a "deferred sentence" is normally to a sentence where, if the defendant successfully completes a period of probation, the charge is dismissed without a conviction being entered. The result is that the person can truthfully deny having been convicted of the underlying criminal offense.

If the defendant violates the terms of that probation, the conviction is entered and they are sentenced on the charge.

[Happy Trails]

I just want to know what exactly does it mean by a deferred sentence?

Also known as deferred adjudication, may be available for certain offenses in some jurisdictions. It usually involves probation, treatment programs, possibly a type of community supervision.

If all the requirements of probation are met (this would be set by the court) the offender can avoid a formal sentence; then depending on the jurisdiction, no permament record of the crime will be made.

Then usually at the end of the probationary period the charge will be dismissed and no record of conviction will result.

Consult with a local attorney and see if this is available in your area and how this works in that jurisdiction.

Related links:

http://www.expertlaw.com/forums/showthread.php?t=10417
http://www.expertlaw.com/forums/showthread.php?t=6940

[bella2001]

So after the probation periods end.. I will not have a criminal record at all?? So if someone does a background check on me.. nothing would come up?? Also, i have heard that after I completed the deferred sentence, the county clerk will send a letter to the police dept to destroy my fingerprint?? is this true??

[aaron]

Depending on the state you could have an arrest record, and a court record showing the charge and disposition. You chose not to identify your state.

[bella2001]

the state of michigan

[Mr. Knowitall]

From the Michigan criminal records I have seen you can expect to have your record show the original charge, the charge you plead to, and its resolution. If you received a deferment after entering a plea and successfully complete probation the resolution would be a dismissal.

[bella2001]

Thank you for the response. I am just worried because I start my internship next fall and they do a criminal background check before I can actually enter the class. So I was wondering what are my chances of getting into this program even though I have a case that has been dismissed. I dont have a conviction, right?? Its just a law that they do a criminal background check on employees or students that are working in nursing homes. So I am just worried.

[aaron]

If a defendant successfully completes a deferred sentence, the defendant will not have a conviction from the underlying charge.

[bella2001]

Thanks aaron!! I was reading this law on criminal background check at healthcare facility:

http://www.michigan.gov/documents/BH...d_117132_7.pdf

It seems as if it only applies to convinctions.. so chances are pretty high for me to get in this internship next fall... or so I hope!!