Probation Before Judgement?

Question

My case has already been settled my lawyer made me plead it out, but he never told me about asking for probation before judgement in the plea. I got put on probation for 3 misdeameanors and completed all the terms of my probation successfully. I go to court on Friday and the probation officer is going to ask for the case to be closed since I completed everything I needed to do, but the problem is I currently don't have a job and I'm searching for one which is really hard when they do the background check and see the misdeameanors come up. How can I ask for a modification of my sentence to probation before judgement if they are going to close the case so I can move on with my future and ahead with my life since my lawyer never informed me of this option.

Answer 1

It appears to me that you were put on "deferred sentencing". In other words, if you complete ever the court requires, then the case is dismissed. What you are probably going to court for is a "Disposition Hearing"; where the judge decides if you have met all your obligations.

Also, most employers are not concerned with misdemeanors. In fact, you do not need to disclose misdemeanors in most job applications.

Here is Arizona case law as an example of this:

A.R.S. 13-603.
Authorized disposition of offenders

B. If a person is convicted of an offense, the court, if authorized by chapter 9 of this title, may suspend the imposition or execution of sentence and grant such person a period of probation except as otherwise provided by law. The sentence is tentative to the extent that it may be altered or revoked in accordance with chapter 9 of this title, but for all other purposes it is a final judgment of conviction.

Answer 2

Sadly, it may be that to have these misdemeanors fully "expunged" from your record, you'll have to pay some "blood money to the courts. There should be little problem otherwise if they were JUST petty misdemeanors and NOT "gross" misdemeanors, otherwise there may be an "period" of waiting to see that you have no new charges for the same "problem" or what is termed as "recidivism" by the courts. You need to contact the lawyer you've had so that he can clarify fully your "options" prior to having your case brought before the judge. Usually, simple misdemeanors, if they are explained to the prospective employer, are not grounds for denial of your application for employment... if fact, the way in which you promptly satisfied the terms of you probation may actually act on your behalf or to your benefit. Consult with your probation officer about this and voice your concerns over the misdemeanors possibly hurting your chances for certain jobs. Misdeamenors, depending upon the charge, are not always a "big deal;" He_!!, not paying your parking tickets amount to a misdemeanor, and few employers are going to make a big deal about that.

Answer 3

If the probation officer is moving that the case be closed then there shouldnt be a problem.