Criminal Sentence Was Supposed to be Deferred but Shows Up as a Conviction
My question involves criminal law for the state of: Virginia
15 years ago I was charged with A& B after the two counter filed on me. What the real problem is- the judge said for me to pay a fine, stay away from the individuals, unsupervised probation for 1 year, and if I comply- the charges will be dismissed. I did all that and 15 years later I apply for a job and my finger printed criminal recorded the charge as guilty. I called the court system where it happened, the clerk said they purge their criminal records after 10 years. I called the lawyer who represented me, he gets rid of everything after 5 years. I need to get this changed to the deferred disposition, just as the Judge ordered but I have nothing to show that the Judge actually said it will be dismissed after the terms have been met. What do I do??? This job is important to me and I cannot get any help from the clerks as to retrieving my warrant so I can't resolve this matter...please help me!! I should not have been charged being that one of the individuals stated that they saw me and just decided to start punching me. (I was starting to sit in my car to leave and they came out of nowhere) before I could get my second foot in the door of my car, they started hitting me. All I did was kick them away from and off me and then closed my car door. I drove straight to the police station. Days later, I was being finger printed because they filed counter charges. Unbelievably, my attorney disregarded their go-hard testimonies and didn't help at all. Accountability was on my mind being that I did kick them off of me. SOOO technically I did assault them as well. So I agreed to the terms and thought it would be dismissed as the Judge said and never was told to follow-up, come back, or anything. I truly thought the charges were dismissed
Re: Criminal Sentence Was Supposed to be Deferred but Shows Up as a Conviction
Have you checked to see if the probation department still has records?
Re: Criminal Sentence Was Supposed to be Deferred but Shows Up as a Conviction
I was in unsupervised probation and thank you.
Re: Criminal Sentence Was Supposed to be Deferred but Shows Up as a Conviction
If you had a pre-sentence interview, or a recommendation for deferral from the probation department, they should have at least at one point had a record of your case -- and if it backs up your assertion that you had a deferred/conditional sentence, and they have no record of any issue post-sentencing, that should help a lot in terms of establishing what your sentence was supposed to be.
If you cannot find any records, as much as I hate to say it, you're in a bad spot -- and I think you'll end up needing the help of a lawyer.
Re: Criminal Sentence Was Supposed to be Deferred but Shows Up as a Conviction
Never saw anyone about probation. Unsupervised probation was a term used to say, if you get in trouble- it will not be dismissed. Tight spot, yes. I am working with an attorney to try to find a solution. Thanks for the feedback!