I commited a felony and served a year of probation, when returning back to my last court day they said I didn't have to go and stand in front of the judge and that my case was dismissed and that I could go home. Will there always be a felony in my record for now and on??
Criminal Defense Attorney
You're going to need to call a local attorney and give some more specifics. What were you charged with? What were you convicted of? Did you comply with your terms of probation and not suffer any violations? Was there a suspended sentence?
Your description sounds suspiciously like a diversion or Prop 36 disposition. Both of which would have different implications than any other felony disposition.
By sitting down with, or at least speaking to an attorney, they can get the specifics for your case and brief you on your current status and options for future actions.
In short, you may or may not have a felony on your record, but we do not have enough information here to answer your question.
Any statements I make in these forums (fora?) should not be taken as direct legal advice, merely informed guidance. This is true due to the anonymous nature of this venue, and the incomplete information which is invariably provided by the questions. It is imperative that you consult directly with an attorney regarding your specific situation before acting on or relying on anything represented here. Period.
I agree with Mr. Moore. There really isn't enough information to answer the specific question. As Mr. Moore suggests, this could have been some type of drug related charge where you received either diversion pursuant to PC1000 or Prop 36. On the other hand, it may have been a domestic violence related charge where you were required to complete a 52 week class with an agreement to terminate probation and dismiss your case. You should contact the attorney who represented you in the case or the public defender's office if you were appointed a public defender. Otherwise, you should consult an experienced criminal defense attorney in your area who can review what you pled to if anything, what the dismissal means or even if it was a dismissal, and whether there is anything else that can be done to help clean up your criminal record.
I agree with the other two. It certainly sounds like you were placed on diversion or DEJ (deferred entry of judgment). If that is the case then no, there will not be a felony on your record. DEJ usually goes for 16 months, however, so I would be surpised to see you come back after only a year and get a dismissal.