Q: Under new NC expungement laws is a deferred prosecution considered a dismissal ? And can I get it expunged ?
1 prior expungement
A: GREAT QUESTION
Deferred prosecution is a methodology of getting a dismissal. One would want to confirm, upon the completion of the program and it's individual requirements, the dismissal is actually entered.
Thereafter, assuming the record is properly updated in the AOC Administrative Office of the Courts system, it may become a matter eligible for filing a Petition for Expunction.
That does NOT happen automatically, either through completion of deferred or dismissal of the case. Here's a sample NC Petition for Expungement that provides some background info:
It really helps to have a lawyer to work through this kind of thing. Sometimes the filings can be done by mail (we do that all the time) and generally do not require a formal court appearance.
NC Criminal Defense: Guilford Rowan Mecklenburg and Union County NC
A: If you successfully complete deferred prosecution, you will receive a dismissal, which then yes, you can expunge under the updated expungement laws as a dismissal. As you may be aware, the updated law for expunging dismissed charges also removed the previous one per lifetime rule that applied, so it should not matter that you have a prior expunction.
I recommend contacting an experienced attorney in the county where you completed deferred prosecution to confirm your eligibility.
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