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Is deferred dismissal the same thing as deferred prosecution?

Charlotte, NC |

I was arrested for misdemeaner larceny and resisting a public officer on 12/07/11. I have completed all terms set forth by the court system and it has been resolved as a deferred dismissal. I am in the process of getting it expunged, but in the mean time I am applying to college. The school asks in the application if I have ever entered a plea of no contest or received a deferred prosecution. I am unsure of how to answer the question and fear that answering the question incorrectly will bar me admission from the school. Is a deferred dismissal the same thing as or a sign of deferred prosecution? How am I supposed to answer the question appropriately (with my best interest in mind?)

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Attorney answers 3


Yes - a deferred dismissal and deferred prosecution are the same thing. But keep in mind that if it is expunged, you can still legally answer no to that question. If it has not been expunged, then the answer should be yes.


I would actually not necessarily agree - there are different ways, particularly in Mecklenburg County, to accomplish things. I would get a copy of your dismissal and see what it says. If they use the word deferred - then Yes. If not, then No. I am not trying to play the word game, but the fact is, there are different forms of programs used - if you weren't supervised, but completed community service, etc, in exchange for a dismissal, then your college may not consider that a deferred prosecution. If you had a filed contract - then it was deferred prosecution. If the court set the conditions (not the prosecutor) outside of 90-96, it wasn't a deferred prosecution, because the court is not the prosecutor. Your situation is more complicated than a simple yes or no.


It sounds like you received a dismissal with Deferred Prosecution. Your lawyer likely sent you a letter detailing the disposition of your case. If you don't have the letter, call the attorney and ask him for the disposition of your case. Good Luck.