Deferred, Suspended, Conviction – What’s the Difference & Does it Matter?

It is extremely important in almost all circumstances to receive a deferred sentence instead of a conviction if at all possible (assuming no other defenses give you a good chance of dismissal or acquittal at trial).

Most people do not realize that a suspended sentence is a conviction. The jail/prison time is merely suspended with the assumption that you will successfully complete your sentence/probation. Also, most people do not realize that when you “just pay the ticket” for an offense (such as public intoxication), you are in fact receiving a conviction. Receiving a suspended sentence/conviction almost always makes it much more challenging to remove it from your record later on.

However, if you receive a fine of less than $501.00 for a misdemeanor (i.e., a conviction), but no jail time or suspended sentence, then you are immediately eligible for expungement. This is the primary instance in which it is preferable to receive a conviction over a deferred sentence. A deferred sentence is usually easier to remove from your record than other types of convictions through an expungement.

What is a Deferred Sentence?

When you receive a deferred sentence the court postpones sentencing until the end of the deferral period. A deferred sentence will normally entail some sort of probation whether supervised or unsupervised. A defendant will also have to pay all of their court costs and fines, and most importantly, keep from violating any new laws. At the end of a deferred sentence, if you have successfully completed all requirements of probation, paid off all court costs & fines, and stayed out of trouble, the case will be dismissed.

However, even after being dismissed, there will still be a public record of the arrest, jail intake, charge(s) and court proceedings. Some people assume that these records will be sealed automatically once the case is dismissed.  Unfortunately, this is not the case and in order to remove any past records, you must act proactively.

After the successful completion of a deferred sentence, you will be immediately eligible for a partial expungement, whether you were charged with a misdemeanor or felony. Partial expungements are only applicable to deferred sentences. If the charge was a misdemeanor, then, one year from the date that the deferred sentence ends, you are eligible for a full expungement. If charged with a felony, you are eligible for a full expungement five years from the end of a deferred sentence.

What Happens with a Conviction or Suspended Sentence?

On the other hand, if you receive a conviction/suspended sentence, you will not be eligible for a partial expungement at any point.

You will be eligible for a full expungement of a misdemeanor conviction after five years have passed since the date of conviction (among other factors). However, if your misdemeanor conviction resulted in a fine of less than $501.00 without imprisonment or a suspended sentence you are immediately eligible for expungement.

If you receive a felony conviction/suspended sentence, recent developments in Oklahoma Expungement Law make expungement an option for a much greater number of Oklahomans. You can get up to two non-violent felony convictions expunged without a pardon now, while you can conceivably expunge an unlimited number of nonviolent and even violent felony convictions after receiving a Pardon. However, the greater the number of convictions and/or the presence of violent offenses will greatly increase the difficulty of receiving an expungement in most instances.

Make the Most of Your Deferral

It cannot be overstated how important it is to receive – and then comply with – a deferred sentence. It may be easier to just pay the ticket or agree to a short suspended sentence plea deal, but in the long run most people will regret it. By fighting for a deferred sentence now you will save yourself not only money in the future, but will likely be afforded the opportunity to get your criminal record expunged much sooner. In the same vein, successfully completing your deferred sentence is imperative. If you violate the terms of your probation, fail to pay your fines & court cost or get in trouble again during the deferred period, the State will ask that your deferred sentence be accelerated. Acceleration of a deferred sentence means not only a conviction, but you may end up being incarcerated as well.

For example, last year I was able to procure an excellent deferred sentence for a client charged with her second DUI. This should have been a felony charge but I worked out a deferred sentence that lasted only two years and reduced the charge to a misdemeanor. Unfortunately, my client ended up getting another DUI three months later.

Not surprisingly, her deferred sentence was accelerated to a FELONY conviction and she received another felony conviction for the new DUI. She is currently sitting in the county jail. If she would have simply complied with the stipulations of her deferred sentence in the first place, she would be close to becoming eligible for a full expungement! Instead, now she is a multiple felon that will not be able to receive an expungement for many years.

The moral of the story is, don’t treat a deferred sentence as anything but an excellent opportunity to move swiftly past your mistake. By not recognizing the opportunity afforded by a deferred sentence, you risk the chance of compounding your problems and creating unnecessary and burdensome legal issues for yourself.

Become Eligible for an Expungement Sooner

If you have no valid defenses otherwise and are fortunate enough to receive a deferred sentence, make sure you successfully complete it. Comply with all the conditions of your probation no matter how inconsequential they may seem, pay everything you owe and DO NOT get into any more trouble! Do not ever “just pay the ticket” without first consulting with an attorney.

Do not take a suspended sentence just because it is expedient at the time if you have the option of receiving a deferred sentence by paying more or completing additional court-ordered requirements. While convictions can be expunged in some circumstances, it takes much longer to become eligible and will typically cost significantly more money in the long run.

Good people make bad mistakes all the time – the sooner you become eligible for an expungement, the sooner you can move on once and for all. Don’t let an uninformed decision unnecessarily delay your ability to move beyond your past mistakes.

If you’d like to see whether you’re currently eligible for an expungement, take our free Expungement Eligibility Quiz today.