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  1. #1
    Join Date
    Aug 2009
    Posts
    1

    Default Clearing My Record After a Deferred Sentence and Dismissal

    My question involves criminal records for the state of: New Mexico

    Hello,
    12 years ago I recieved a deferred sentence for altering a prescription which is a 4th degree felony. Upon successful completion of my probation I recieved an order of dismissal. I have now recieved my Masters Degree in Criminal Justice and Im trying to get a decent job. What the order of dismissal says is that the charge will be entered as dismissed in the NCIC. I'm awaiting a back ground check to work at a local detention center and Im worried about how my chances will be affected in getting this job. My lawyer says that I shouldnt check that I have been convicted of a felony on the application because he says it was just a charge and now it is dismissed. He did say that it depends on the employer whether or not I will get hired. Can anyone out there help me understand this situation better. I hope I didnt go to school for nothing. Thanks

    aWould I also be eligible to have my records sealed? My lawyer said he has never heard of this. I just made a mistake because of a painkiller addiction and damn this shit is haunting me. I have to have a good job to feed my family. I do not have any other charges. If Im eligible, I guess I start by seeing a new attorney since mine has never heard of this. Thanks!

    Sorry Im new to this site so I hope Im not posting on the original topic again. Okay, from what I understand I can get my records sealed, but does this take an act of God to accomplish. My charge of altering a prescription would have been dropped to a misdemeanor had I hired an attorney but I couldnt afford one. This whole deferrment and dismissal thing has me a bit confused because okay it will show up on NCIC has dismissed, but if its dismissed why does it have to show up at all. I guess what Im saying is what is the purpose of these things if it shows on your record still, granted its dismissed but its going to list everything and a future employer esp. in the criminal justice field may frown upon this, correct?

  2. #2
    Join Date
    Aug 2009
    Location
    San Antonio, Texas
    Posts
    57

    Default Re: Dismissal/Deferred Sentence

    You are correct. Getting a case dismissed is completely different than getting it erased. Getting it erased requires an "Expunction". I don't know the laws in your state but I am sure you could call an attorney and they would tell you free of charge if you are eligible or if there are waiting periods.

    Employers will currently see the charge and dismissal if they run a background check.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Clearing My Record After a Deferred Sentence and Dismissal

    Read this and discuss it with your lawyer.

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