If I was given a deferred sentence, will the charge be dismissed automatically by the court or do I need to hire a lawyer to make sure it is dismissed?

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If I was given a deferred sentence, will the charge be dismissed automatically by the court or do I need to hire a lawyer to make sure it is dismissed?

I was charged with burglary 2 in 2007 and I accepted a plea in which I pled guilty to misdemeanor breaking and entering. I was given a 3 year deferred sentence. I have completed all obligations of my probation and it is set to end on 10/24/10.  During the time of my deferred sentence it has been extremely difficult to find a job with that on my record, and i want to be sure that it doesn’t continue to show up as a conviction.

Asked on August 28, 2010 under Criminal Law, Oklahoma

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Typically, in the case of a deferred sentence or the like the charge is automatically dismissed by the court.  However, mistakes can and do occur. Your best bet to check on all of this by contacting the OK State Bureau of Investigation.  You can run a criminal history check of your record to make sure the charge has been dismissed.  Here is a link to their site; it will explain all details: http://www.ok.gov/osbi/Criminal_History/Frequently_Asked_Questions/index.html

If your charge has not been dismissed, then contact the court in which your case was heard.  The clerk of the court should be able to tell you what to do to have it dismissed.  If, however, paperwork is not your thing you just may want to hire an attorney to do it for you.  If all procedures are not precisely filed it could delay getting the charge off of your record.

Good luck.


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