denial

[bbadmin]

So I spent some time talking to an investigator with a DA's office in the metro area this weekend. It could be that both positions on this are correct.

You are correct that your deferrment should not count as a criminal conviction.

And it could be that the statement that you have an active conviction is correct.

Sometimes a deferred sentence / judgement requires action from you before it is closed completely. Some jurisdictions require you to submit a petition or motion to have the case closed. If you don't do that, then the case may remain open and cause you problems.

If you didn't do anything to close the case after the period of time specified in the case, it could still be open. If that is the case, then the case still exists, and your "conviction" is visible. Once the thing is closed, the record are supposed to be expunged and it never happened.

Again, it sounds like an attorney is required to make sense of this. The suggestion was made that you contact the attorney that represented you in this case. If there wasn't one, then you should consult with one in the jurisdiction where this took place, since that's were any additional paper work will half to be filed.

Hope that helps.



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[Natan706]

Ok well its starting to make sense I suppose. Thank you all for your information and for talking to others about this. I am going to go ahead and contact a lawyer back where the case took place and have them take care of this once and for all.
I found a document in my files that will make this go smoothly too. It is the document that proves the successful completion of Diversion (ie Differed Entry of Judgement) and the recommendation for dismissal of all pending charges. So that should help.

Thanks again for all of your advise!

[usafk9leads]

did you ever get this cleared up?

[Natan706]

No, I have tried to find a lawyer in CA that could help get this off my record, but Im not having much luck. I have been told that I need to be there in person, which isnt a possibility for me at this point in time. I just cant afford the trip let alone the court fees!