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Discrimination Over Record Of A Deferred Sentence

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  • 05-14-2007, 06:05 PM
    christinebaby
    Discrimination Over Record Of A Deferred Sentence
    I am from washington state.
    I shoplifted 13 months ago, and successfully completed my terms to have this crime be deferred.
    So i was NEVER convicted of any crime.

    I have recently applied to rent a new apartment...and they denied me based on the fact of this deferment still being on my record.

    Is it okay to be denied approval for an apartment if I have a deferred sentence for theft on my record?

    I feel like I am being penalized for something I have not been convicted of.

    So is it legal for them to deny me based on the deferred sentence?

    Thanks for your help in a advance!
  • 05-14-2007, 06:51 PM
    panther10758
    Re: discrimination for deferred sentence ok??
    Courts act slow to put things in system it possible they have not processed yours yet and it still shows up
  • 05-14-2007, 06:57 PM
    christinebaby
    Re: discrimination for deferred sentence ok??
    wait....
    so is a deferment even supposed to show up on my record when a background check is being done??

    i was told by the employee of the apartments that my background check showed the deferred sentencing of a misdemeanor theft.

    and she said that the manager had the ability to override my deferred misdemeanor so I would be approved for the apartment.

    and she called me back today saying i was denied by the manager, based on the fact that i have a deferred sentencing for a misdemeanor for theft.

    is the apartment manager allowed to deny me based on a non-conviction sentencing?

    thanks
  • 05-14-2007, 07:01 PM
    Happy Trails
    Re: discrimination for deferred sentence ok??
    She didn't deny you on a "non-conviction sentencing".

    She denied you for having a "deferred sentencing for a misdemeanor for theft".
  • 05-14-2007, 07:06 PM
    christinebaby
    Re: discrimination for deferred sentence ok??
    and they are allowed to deny me even if I was never convicted of any crime?

    AND

    is a deferred sentencing supposed to show up on background checks?

    thanks.
    and sorry, im not to educated on this law lingo...
  • 05-14-2007, 07:09 PM
    Happy Trails
    Re: discrimination for deferred sentence ok??
    Quote:

    Quoting christinebaby
    View Post
    and they are allowed to deny me even if I was never convicted of any crime?

    AND

    is a deferred sentencing supposed to show up on background checks?

    thanks.
    and sorry, im not to educated on this law lingo...

    They can use your record to determine if they want to rent to you or not.

    It is on your record; you were told in previous posts that you would need to get an expungement.
  • 05-14-2007, 07:11 PM
    christinebaby
    Re: discrimination for deferred sentence ok??
    Quote:

    Quoting panther10758
    View Post
    Courts act slow to put things in system it possible they have not processed yours yet and it still shows up

    this is why i am getting confused...
    what is it meant by that the court is slow at getting things in the system...
    i thought it meant slow at getting this deferrment off of my record.

    i dont mean to asking stupid questions....
    i just dont understand this as well as you might.
    sorry:confused:
  • 05-14-2007, 07:23 PM
    panther10758
    Re: discrimination for deferred sentence ok??
    I am not saying thats what happened its possible. However after rereading it seems your deferred sentence is what was seen.
  • 05-14-2007, 07:27 PM
    Happy Trails
    Re: discrimination for deferred sentence ok??
    Quote:

    Quoting christinebaby
    View Post
    this is why i am getting confused...
    what is it meant by that the court is slow at getting things in the system...
    i thought it meant slow at getting this deferrment off of my record.

    i dont mean to asking stupid questions....
    i just dont understand this as well as you might.
    sorry:confused:

    Apparently, after doing more research, "You may not obtain the deletion or expungement of a record related to a case that resulted in a conviction or other disposition adverse to you. Examples of dispositions that are adverse to you include the entry of an order to dismiss entered after the successful completion of a period of probation, suspension, or deferral of sentence.."

    From Aaron's quote at this thread:

    http://www.expertlaw.com/forums/showthread.php?t=24188
  • 05-14-2007, 07:28 PM
    christinebaby
    Re: discrimination for deferred sentence ok??
    ok.
    thank you for clarifying...

    can anybody explain to me what the point of a deferred sentencing is then???

    because as i understand it, in washington state, the law states that a deferred sentencing cannot be expunged, but a conviction can after a certain set of guidelines are followed.

    It is obvious that companies , whoever it may be, can and will most likely look at my deferment almost the same as a conviction.

    So if I will probably have this deferment on my record forever, wouldnt it almost have been better to have a conviction and be able to eventually have it expunged???

    i dont understand how a deferred sentencing has helped me in any way if people can still use a deferment in making decisions...

    does this even make sense...
    can somebody help me understand the "up" side of having a deferment on my record.?

    thanks
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