Deferred Adjudication in Oregon
Full Question:
My daughter recently moved to a dorm in college and received a MIP (minor in possession) citation. She went to court and was offered to take a class that would remove this citation from her record if she successfully completed the course and did not repeat this crime for the year following the citation. This was a one time offer because she has never been in trouble. She is back home now going to college locally (her choice and we agreed) and wants to find part time employment and on the applications they ask if she has ever had a criminal conviction. We live in Oregon. Would this citation that she is in the process of clearing constitute saying yes on the applications that she has a conviction? She is taking a 16 week drug course and is almost half way completed. She was a foolish teen that is now aware of the price for stupidity and how valuable your reputation is. She is also basically a pretty good girl who made a poor choice and has learned some pretty good lessons.
03/26/2009 |
Category: Criminal |
State: Oregon |
#15770
Answer:
In some cases a judge will grant a deferred or withheld adjudication, which imposes certain probationary conditions to a dismissal of the charges. If the defendant successfully completes the terms of probation, and the charges are then dismissed, that person can truthfully answer no if asked whether he/she was ever convicted of that crime. However, some applications do inquire about whether a person has ever been placed on deferred adjudication, to which the answer would be yes.
The following is an Oregon statute:
137.533 Probation without entering judgment of guilt; when
appropriate; effect of violating condition of probation.
(1) Whenever a person pleads guilty to or is found guilty of a
misdemeanor other than driving while under the influence of intoxicants
or other than a misdemeanor involving domestic violence as defined in
ORS 135.230, the court may defer further proceedings and place the
person on probation, upon motion of the district attorney and without
entering a judgment of guilt, if the person:
(a) Consents to the disposition;
(b) Has not previously been convicted of any offense in any
jurisdiction;
(c) Has not been placed on probation under ORS 475.245;
(d) Has not completed a diversion under ORS 135.881 to 135.901; and
(e) Agrees to pay the unitary assessment for which the person would
have been liable under ORS 137.290 if the person had been convicted. The
person must pay the unitary assessment within 90 days of imposition
unless the court allows payment at a later time. The person shall pay
the unitary assessment to the clerk of the court, who shall account for
and distribute the moneys as provided in ORS 137.293 and 137.295.
(2) A district attorney may submit a motion under subsection (1) of
this section if, after considering the factors listed in subsection (3)
of this section, the district attorney finds that disposition under this
section would be in the interests of justice and of benefit to the
person and the community.
(3) In determining whether disposition under this section is in the
interests of justice and of benefit to the person and the community, the
district attorney shall consider at least the following factors:
(a) The nature of the offense. However, the offense must not have
involved injury to another person.
(b) Any special characteristics or difficulties of the person.
(c) Whether there is a probability that the person will cooperate with
and benefit from alternative treatment.
(d) Whether an available program is appropriate to the needs of the
person.
(e) The impact of the disposition upon the community.
(f) Recommendations, if any, of the involved law enforcement agency.
(g) Recommendations, if any, of the victim.
(h) Provisions for restitution.
(i) Any mitigating circumstances.
(4) Upon violation of a term or condition of probation, the court may
enter an adjudication of guilt and proceed as otherwise provided. Upon
the person's fulfillment of the terms and conditions of probation, the
court shall discharge the person and dismiss the proceedings against the
person. A discharge and dismissal under this section is without
adjudication of guilt and is not a conviction for purposes of
disqualifications or disabilities imposed by law upon conviction of a
crime. A person may be discharged and have proceedings dismissed only
once under this section.
