A deferred prosecution agreement (DPA) typically does not result in a criminal conviction on your record if the program is successfully completed.
While the process of entering a deferred prosecution agreement and the initial charges can create a record, the crucial distinction lies in the outcome. When you enter a DPA, you are not immediately convicted of the offense. The aim of the program is to allow you to fulfill certain conditions, such as completing community service, attending counseling, or paying restitution, in exchange for the charges being dropped.
Understanding Deferred Prosecution
A deferred prosecution agreement is a voluntary alternative to traditional criminal prosecution. It allows individuals accused of certain crimes to avoid a conviction by agreeing to fulfill specific requirements set by the prosecutor and the court. It's often seen as a second chance, especially for first-time offenders or those accused of less severe crimes.
How it Impacts Your Record
The impact of a deferred prosecution on your record depends heavily on the successful completion of the program:
- During the Program: The charges that led to the deferred prosecution are filed, and your participation in the program is noted within the legal system. This means that while you haven't been convicted, the record of the arrest and the charges will exist.
- Upon Successful Completion: If you successfully meet all the conditions of the DPA, the charges against you will be dismissed. This is the key benefit: no conviction will appear on your record. This significantly reduces the long-term negative consequences associated with a criminal conviction, such as difficulties with employment, housing, or professional licenses.
- Upon Unsuccessful Completion: If you fail to comply with the terms of the DPA, the prosecution can resume the original criminal case. This would then lead to potential conviction and a criminal record.
Key Differences: DPA vs. Conviction
To clarify the distinct impact, consider the following comparison:
| Aspect | Deferred Prosecution (Successful) | Criminal Conviction |
|---|---|---|
| Conviction Status | No conviction on record | Conviction appears on record |
| Charges Status | Charges are dismissed | Charges result in a guilty plea or finding |
| Public Record Impact | Arrest and initial charges may remain (though often eligible for expungement) | Permanent criminal record |
| Future Opportunities | Significantly fewer barriers to employment, housing, and education | Significant and lasting barriers to employment, housing, and education |
| Legal Status | You are not a convicted criminal | You are legally considered a convicted criminal |
Practical Insights and Benefits
- Avoiding Stigma: One of the most significant benefits of a DPA is avoiding the social stigma and legal disadvantages that come with a criminal conviction.
- Employment Opportunities: Many employers conduct background checks. A criminal conviction can severely limit job prospects, whereas a dismissed charge after a DPA is much less impactful.
- Housing and Loans: Landlords and lending institutions also perform background checks. A clean record due to a successful DPA can make securing housing or loans easier.
- Professional Licenses: For professions requiring state licenses (e.g., nursing, teaching, law), a criminal conviction can be a disqualifying factor. A DPA can preserve your professional future.
- Expungement Possibility: In many jurisdictions, after a successful DPA and dismissal, you may be eligible to have the arrest and charge records expunged or sealed. This process legally removes or hides the records, making them inaccessible to most background checks.
In essence, while the journey through a deferred prosecution is part of your legal history, its successful completion ensures that the most damaging component—a criminal conviction—does not become a permanent mark on your record, offering a true second chance for your future.
For more detailed information on deferred prosecution programs, you can consult a credible legal information source.
