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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
  • 05-14-2007, 07:30 PM
    panther10758
    Re: discrimination for deferred sentence ok??
    Quote:

    I shoplifted 13 months ago, and successfully completed my terms to have this crime be deferred
    what were those terms? I would guess proabtion is not yet over so terms have no yet been completed and case not yet deferred
  • 05-14-2007, 07:30 PM
    christinebaby
    Re: discrimination for deferred sentence ok??
    i also know.
    that even though the law says i cannot get it expunged.
    I have had advice from an attorney that said it is possible to get a deferment expunged, but at the dicrestion of the judge...
    and by advice, i mean one sentence, he wouldnt say more without charging me like $800...
  • 05-14-2007, 07:32 PM
    christinebaby
    Re: discrimination for deferred sentence ok??
    the terms set by the judge were:

    1. to not have any other crimes committed for the following year...and it has been 13, almost 14 months since.

    2. and to not enter the store from which the crime was committed for one year.

    I did successfully complete these guidelines set by the judge.
  • 05-14-2007, 07:34 PM
    panther10758
    Re: discrimination for deferred sentence ok??
    One year from what date? Date of crime or court date!? If court date your time may yet not be up
  • 05-14-2007, 07:35 PM
    christinebaby
    Re: discrimination for deferred sentence ok??
    one year from court date.
    which was april 6, 2006...
    so it has been 13 months past...
  • 05-14-2007, 07:40 PM
    Happy Trails
    Re: discrimination for deferred sentence ok??
    He may have been hinting to a dismissal.

    Quote:

    DISMISSAL: A dismissal is a court order terminating the case. A dismissal may occur before a finding or plea of guilty, or after a period of probation, suspension, or deferral of sentence.
  • 05-14-2007, 07:44 PM
    christinebaby
    Re: discrimination for deferred sentence ok??
    how exactly will the dismissal help me???

    thank you for your help...
  • 05-14-2007, 07:50 PM
    christinebaby
    Re: discrimination for deferred sentence ok??
    also.

    is there any way i can do anything after realizing i had been mislead by the attorney given to me by the court??? (i dont know what theyre called, this was the person who represented me in court, and i did not have to pay for them...?)

    anyways. If i was lead to believe by the court that this deferred sentence were to be completely come off my record, and now one year later, realize it doesnt, is there anything i can do to rectify this, maybe some how clear this from my record???

    thanks again
  • 05-14-2007, 07:51 PM
    Happy Trails
    Re: discrimination for deferred sentence ok??
    How old are you?
  • 05-14-2007, 07:52 PM
    christinebaby
    Re: discrimination for deferred sentence ok??
    20 almost 21...
    why?
  • 05-14-2007, 07:53 PM
    Happy Trails
    Re: discrimination for deferred sentence ok??
    Quote:

    Quoting christinebaby
    View Post
    20 almost 21...
    why?

    I wanted to know if this was a juvenile offense.
  • 05-14-2007, 07:56 PM
    christinebaby
    Re: discrimination for deferred sentence ok??
    oh no.
    is there anything i can do about being mislead...
    my mom and i are both very confused why both the court, both the attorney and judge seemed to mislead us both into thinking this deferred sentence would be completely off my record...

    can i do anything about that now, after the fact?
  • 05-14-2007, 08:05 PM
    Happy Trails
    Re: discrimination for deferred sentence ok??
    Did you go to the site that I posted?

    Click on the word "dismissal" and look at the "Adult Court Records" section and read the fourth bullet.

    It states:
    Quote:

    since you were issued a discharge, you have spent a specified numbers of years in the community (10 years for a Class B felony, 5 years for a Class C felony, three years for a gross misdemeanor, two years for a misdemeanor or diversion) without committing any offense or crime that resulted in a criminal conviction.
    That link has a lot of information, you can enlarge the size of the text for easier reading.
  • 05-14-2007, 08:08 PM
    christinebaby
    Re: discrimination for deferred sentence ok??
    im sorry...
    but what exactly is a discharge???
    and was i issued a discharge?

    thanks.
  • 05-14-2007, 08:33 PM
    Happy Trails
    Re: discrimination for deferred sentence ok??
    Quote:

    Quoting christinebaby
    View Post
    im sorry...
    but what exactly is a discharge???
    and was i issued a discharge?

    thanks.

    My dear, you are not reading the information in the link that I gave you.

    Quote:

    FINAL DISCHARGE: Defendant has completed the requirements of his/her sentence and has received a final discharge from confinement or supervision and may also have some civil rights restored.
    I would advise you to research > Google "Legal Aid" for your area.
  • 05-18-2007, 10:09 PM
    pmurphy521
    Re: Discrimination Over Record Of A Deferred Sentence
    People often mistake Deferred Adjudication as a non conviction. Actually you just got a special treatment of probabtion. You were convicted probably because you plead guilty.

    In Texas, if you violate the terms of your probation (the Def. Adj) you get no credit for "time served". So if your probation is revoked on the last day of your two year probation, you will serve the full two years. Great incentive don't you think?

    This conviction will always be on your record.
  • 05-19-2007, 08:10 AM
    aaron
    Re: Discrimination Over Record Of A Deferred Sentence
    I realize that this discussion is attenuted, but the underlying case arose in Washington State, not Texas.


    I'm not aware of any state where a deferred adjudication is not a form of probation, but it is the norm that the successful completion of a deferred sentence prevents the entry of a conviction. See, e.g., The Texas Code of Criminal Procedure, Article 42.12. (A successfully completed deferred adjudication is not "deemed a conviction for the purposes of disqualifications or disabilities imposed by law for conviction of an offense.")
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