Thank you Lyn...
Unforunately yes they can, and it is b/c of his age at the time of the crime even though he was tried as an adult... I went round for round with the prosecutor trying to understand this and I know it doesnt seem right... it isnt automatic, he has to petition the court after he has completed the offender treatment to their satisfaction, and of course he cant violate any of the three to four pages worth of conditions for the next 5 yrs (if he does he automatically goes to jail for the 5 yrs and then it will stay permanent on his record)...and then its cleared as if it never happened... The felony wont stand and that is what deferred means...the misdameanor is permanent... its complicated and confusing and doesnt seem much like justice but I had way the inpact it would have on my daughter had it gone to trial...
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