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I was never offered or told about deferred judgment for 5th degree theft and pled guilty could i still get it or my record

Keokuk, IA |

i was charged with 5th degree theft trying to get diapers.When i went to see the judge he just told me the fine and said i was guilty and that was it never offered deferred judgement. is it still possible to get it off my record still and at least get the deferred judgment?

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Attorney answers 2


Unfortunately, no. The conviction is final.


If your conviction was within the past 30 days, you might try an application for reconsideration of sentence under Iowa Code Section 903.2. Since the court accepted your guilty plea and found you to be guilty, it is uncertain whether the court would have authority to or be willing to "undo" the judgment of guilty and defer judgment in your case. However, if the prosecutor does not oppose this remedy, many judges will likely go along with the request. If you are still within that time frame (30 days from the court's judgment), your best bet would be to immediately hire an attorney for the purpose of filing the motion to reconsider sentence. Once 30 days pass, the court would lose jurisdiction to reconsider this misdemeanor level sentence.

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