Legal Question in Criminal Law in Oklahoma
Defered judification
How does defered judification affect your record while you are still within the deferment?
1 Answer from Attorneys
Re: Defered judification
A deferred sentence is an accessible record and will show the status of the case as disposed, with a guilty plea (or no contest) resulting in a deferred sentence. Upon successful completion of the deferred sentence, the judge will allow you to withdraw your guilty plea, dismiss the case and expunge your record. A judge will require you to appear on the review date in order to receive an expungement.
It is important to note that the expungement of a court record does not affect your arrest record with OSBI. Therefore, anyone conducting a background check could find out what crime you were charged with by looking at your arrest record. A separate proceeding is required to expunge information from your arrest record.
Additionally, I have found that many times the courts fail to remove expunged records from OSCN.net (Oklahoma State Courts Network) and ODCR.com (Oklahoma District Court Records), which are free services allowing you to search, by name, for all court records on any person (marriage license, protective order, civil litigation, criminal misdemeanor, etc.).
If you have questions regarding a deferred sentence, I would recommend you speak to an attorney in person. That way the law can be applied to your specific facts.
Good luck.
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