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  1. #1
    Join Date
    Jan 2009
    Posts
    2

    Exclamation What's On Your Record After a Deferred Judgment

    My question involves criminal records for the state of: California

    I had a few questions. In my case I am being convicted with Robbery of the second degree but its only being charged as a misdemeanor. The thing is I was never formally arrested. Then I got a lawyer and I went to my Arraignment. My lawyer got me an offer of Differed Entry of Judgment. Under the agreement I was to plead guilty then do the following things: Do 30 hours of community service, take a theft intervention class, and I'm on court summary probation. My dismissal case was then made for a year from my arraignment.

    My questions are once I get the case dismissed does it stay on my record? Because I was never arrested and I got the case dismissed. Also being a burglary crime it says I have to pay a share quota of the restitution. But I've called the county court house and spoke to somebody and they told me in my file I did not have to pay. Because I under the Deferred Entry of Judgment. So does this mean I still have to pay or not? I'm confused.

    Edit: I don't know if this helps or not but my case is being held in Northern California.

    Thanks in advance.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What's On Your Record After a Deferred Judgment

    You can expect that your criminal record will reflect your disposition.

    If you were sentenced to pay a portion of the restitution as a condition of your deferral, there you go. If you violate your deferred probation, you get convicted.

  3. #3
    Join Date
    Jan 2009
    Posts
    2

    Default Re: What's On Your Record After a Deferred Judgment

    So it will show up on a background check but it will say dissmissed right?

    Because I spoke with my lawyer and he said : No. Because no judgment was entered, the case will be dismissed and your record should be clean.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: What's On Your Record After a Deferred Judgment

    It depends on what level of background is being conducted and what resources are checked.

    The COURT will have a record of your court proceedings, and this info will be publicly available for some 7 years through some background firms (that utilize gathered public records). Only some government backgrounds will allow access to state criminal records which would include the arrest and disposition of "dismissed" (or whatever disposition is appropriate for your situation).

    In short, A record will exist in a few places, but whether an employer will locate it or not will depend on how intensive their background might be.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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