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What is a "Deferral"?

Writer's picture: Jason R. BurksJason R. Burks

A "Deferral" is a Deferred Acceptance of Guilty or No Contest plea, also known as a DAG or DANC plea. It is a special type of plea which allows a defendant to plead guilty or no contest, yet keep his record clear of a criminal conviction. If the defendant doesn't have a significant criminal history and meets certain requirements, he may meet the eligibility requirements for a DAG or DANC plea. If the Defendant does meet the requirements, the judge has the discretion to grant or deny the request for the deferral after weighing several factors. There are certain types of offenses, like Abuse of a Family Member and DUI, which cannot be deferred. If the defendant successfully completes the deferral, he can have his arrest records expunged as well. To see the deferral statute, click here.

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