Is a Deferred Sentence Considered a Conviction?
Since November 2016, a person who successfully completed a deferred sentence may be eligible to fully seal their arrest record. This applies to all misdemeanors and non-violent felonies. A deferred conviction only becomes a full conviction if there is a probation violation. Read on to learn how to follow through and have your deferred sentence dismissed AND EXPUNGED.
What is a deferred sentence in Oklahoma?
A deferred case or sentence was never a conviction. You have not received a criminal sentence. If you pled guilty or no contest and the judge deferred sentencing, you do not have a conviction. The case was deferred. In Oklahoma, a person must be sentenced before there is a conviction. Therefore, because sentencing was deferred to a future date, there was no “conviction” at the time of the plea.
If you successfully complete a deferred sentence, we have two options available to SEAL YOUR ARREST RECORD: (1) Section 991c expungement, or (2) Section 18 expungement if you meet certain new criteria. If the State filed an application to accelerate or revoke, you may not be eligible under Section 991.
So long as you successfully completed the Oklahoma deferred sentence (meaning avoided any further trouble with the law, paid all costs and paid all fines, completed community service, passed drug tests, and fully complied with all other probation requirements), then we can guarantee a Section 991 expungement. Note, however, that this only seals the courthouse file. A Section 991 expungement will NOT seal your arrest record with the police or the OSBI. A deferred sentence WILL SHOW UP on a background check.
A Section 991 expungement is still valuable because it seals the court file. That means it is not searchable on www.oscn.net or www.odcr.com. Employers frequently check these free websites or perform background checks on employees. Therefore, sealing an arrest record can be vital to your continued or new employment.
Expunge a Deferred Felony Sentence
A deferred non-violent felony sentence does not result in a conviction (if successful) and is not really a sentence at all. It often did involve a “guilty” or “no contest” plea. If you pled guilty or no contest to a crime and received a deferred sentence you were never convicted. Under Oklahoma law, a person must be sentenced before there is a conviction; because sentencing was deferred or continued to a future date, there was no “conviction” at the time of the plea. But there is still an arrest record available to the public.
If you successfully complete a deferred sentence, there are now two options available to you to SEAL YOUR ARREST RECORD: (1) Section 991 expungement, or (2) Section 18 expungement if you meet certain new criteria.
What If I Got An Application to Accelerate Or An Application To Revoke?
If the Court accelerated your deferred non-violent felony sentence, you may not be eligible under Section 991 but could still be eligible under Section 18 for a complete expungement. If the Court accelerated or revoked your deferred check out our pages on convictions or suspended sentences.
- Expunging Misdemeanor Convictions
- Expunge One Felony Conviction
- Expunge Two Felony Convictions
What Is A 991c Expungement?
So long as you successfully completed the deferred sentence (meaning avoided any further trouble with the law; paid all costs, fines, and fees; completed community service; passed drug tests; and fully complied with all other probation requirements), then we can guarantee a Section 991 expungement. Note, however, that this only seals the courthouse file. A Section 991 expungement will NOT seal your arrest record with the police or the OSBI. (You may be eligible to seal the arrest record at a later date, but call for details).
A Section 991 expungement is still very valuable because it seals the court file. That means it is not searchable on www.oscn.net or www.odcr.com. Employers frequently check these free websites or perform background checks on employees; thus, sealing your record can help with your future employment.
Since November 2016, a person who successfully completed a deferred (as described above) may be eligible to fully seal the arrest record (police, county sheriff and OSBI). This applies to all misdemeanors and non-violent felonies.
What Does It Take To Expunge A Deferred Sentence?
First, to qualify for expungement of your Oklahoma felony deferred sentence, the crime must be a non-violent felony. (Click here for a list of violent felonies. ) Second, you must successfully complete the term of the deferral. Have no felony convictions. You cannot have any misdemeanor or felony charge are now pending. Finally, wait five (5) years after the Court dismisses the case. In other words, you would not be eligible until at least five (5) years after completion of your probation.
Unlike Section 991, expungement under Section 18 is always discretionary to the court. We will show the court how sealing your record and protecting your right to privacy is more important than the public’s right to know.
