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Drug Charge- Should I take DEJ or Drug Court?

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tds.977

Junior Member
What is the name of your state (only U.S. law)? California

I live in Los Angeles California. I have no previous convictions for any drug charges and no felony convictions on my record. I was arrested for possession of a controlled substance.

I am being offered two options:

DEJ - Deferred Judgment. I must plead guilty, complete a program and stay out of trouble for 18 months. After 18 months the case will be dismissed.
Drug Court - This is a pre-plea program where there is no guilty conviction. I must undergo intensive programs and stay out of trouble for a year. After a year the case is dismissed.

Issues: I was laid off from a managerial job in September. I was arrested in October. I am currently looking for work.

Drug Court is the most appealing since there is no conviction, however, the first three months are so intensive that I will not be able to work or even look for a job. Because of this I would rather take DEJ unless the conviction will be detrimental to my job search.

Questions:
1) Completion of Drug Court and DEJ both result in dismissals. Are there differences in the way this will show on a background check? (i.e. Will they both say "dismissed" or will the DEJ option show the conviction?)

2) If I chose DEJ, will the felony show up during the 18 months of the program? It is my understanding that a felony conviction check will only yield those in which sentencing has been imposed.
 


CdwJava

Senior Member
1) Completion of Drug Court and DEJ both result in dismissals. Are there differences in the way this will show on a background check? (i.e. Will they both say "dismissed" or will the DEJ option show the conviction?)
That depends on who is doing the background check. If the cases have been dismissed, then you will not have to disclose the arrest to most private sector employers. And any check of court websites should reflect a dismissal of the charges.

On your state criminal history (which private employers do not haev access to) it should reflect the dismissal as well.

2) If I chose DEJ, will the felony show up during the 18 months of the program? It is my understanding that a felony conviction check will only yield those in which sentencing has been imposed.
A local check would likely show a plea of "nolo" or "no contest," while a state check would also likely reflect the conviction as the sentencing for Prop 36 involves probation. Whether the local court sends an abstract of this record to the DOJ or not is something I cannot answer.

Understand that there is no cookie cutter background out there. A background can be as simple as reading an application, or as complex as investigating friends, neighbors, and acquaintances since grade school. The state of CA does not make the state criminal history records available to the general public, so state records should not show. However, local court records are still public record and a prospective employer can inquire with the local court or check on line for convictions or court actions.

Here is a summary from Fresno County:

Q. What’s the difference between PC1000, Proposition 36, and Post-Conviction Drug Court probation?

The PC1000/Deferred Entry of Judgment program is an 18 month to 3-year Drug Court program in which you will complete a community-based drug education and support programs along with frequent reviews with the Court. You are NOT sentenced to formal probation when placed on PC1000. To be eligible for PC1000 you must not have had a previous drug conviction and have been free of any felony convictions for five years. When you successfully complete the program, your case will be dismissed.

The Proposition 36 program is an initiative voted into law by the voters which took effect July 2001. The program is designed to provide substance abuse treatment for participants convicted of misdemeanor or felony charges. Offenders in this program are placed on 2-year probation terms with orders to complete drug treatment. When you successfully complete the program your case will be dismissed.

The Post Conviction Drug Court program is designed to provide intensive supervision and substance abuse treatment for participants who are convicted of felony drug charges. Offenders in this program are convicted of non-violent drug offenses or are violation of Probation failures from the Proposition 36 program. The Court places the defendants on 2-year probation terms and orders them to complete a highly structured and intensive 18-month minimum drug treatment program. Formal graduations are conducted to publicly acknowledge the participants’ achievements in successfully completing the program.​
 

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