Houston, TX asked in Criminal Law and Domestic Violence for Arizona

Q: will my conviction be over turned?

In AZ I plead guilty for a diversion program, completed late. Conviction went in. As a result of miscommunication. I was told to appear in court 12 months from 10 26 15. I requested a extension a week prior and found out I had a warrant and court date was for 10/17/16. Judge accepted the late completion. once the fine is paid or community service is done ptrs case will be dismissed but I'm not sure if that means I won't have a conviction.

1 Lawyer Answer
Matthew Maerowitz
Matthew Maerowitz
Answered
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: Based on your question, it appears you have a conviction now. Dismissing the PTR does not reverse the conviction. Instead, it just means that you are believed to be in compliance with probation and as a result the probation matter is (at least temporarily) not going forward.

True diversion agreements require you to plead guilty, but it is conditional guilty plea meaning judgment and sentence is suspended to allow you to have an opportunity to complete the diversion program. If the program is successfully completed, then the case is dismissed. Some courts such as Tempe have diversion programs that do not require a guilty plea. Although sometimes called diversion, this is really a "deferred" prosecution agreement because there is no guilty plea on record so the judge cannot enter sentence without a guilty plea or being found guilty at trial.

It appears from your question your diversion program required a conditional guilty plea, but because you failed diversion the judge executed sentence. What likely happened is that you were still required to complete classes and when proof of completion was not timely received, a PTR (petition to revoke) was filed. Once the proof of classes was received and accepted, the PTR was then dismissed but the conviction still remains.

Hope that helps! Keep in mind this is just general information based on your questions and should not be relied on as legal advice. It is still recommended you consult an attorney to better understand your situation.

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