District Attorney explains deferred sentences, expungement

Sep. 24—Defendants who receive deferred sentences could file to have their cases expunged, showing the charges never existed.

A deferred sentence is one that is delayed until after the defendant has completed a period of probation. That can include the stipulations of paying court costs and fines, performing community service, not committing any new crimes, attending classes, and passing drug and alcohol screenings.

"Deferred sentences are generally only given for non-violent first time offender misdemeanor and felony cases," said District 27 District Attorney Jack Thorp.

Prosecutors say there are three things they take into consideration when determining who is eligible for a deferred sentence.

"The only time a deferred is recommended as a sentence is [when] individuals who have no criminal history, or no criminal history for ten years, and that the crime is non-violent, or the person is a first time offender," said Thorp.

For example, if an 18-year-old is charged with his first felony, the chances of getting a deferred sentence are high, unless it's a severe crime.

Depending on the crime, a deferred sentence can range from days, to months, to years. If the defendant meets the requirements, a judge may throw out the sentence and plea altogether, which clears the incident from the perpetrator's record — an expungement of records.

"However, a person who has had a deferred as a misdemeanor can still have an opportunity for a deferred for a felony and vice versa," said Thorp.

According to state statutes, when the defendant's record is expunged, all references to his or her name are deleted from a docket sheet; the public index of the filing of the charge is expunged by deletion, mark-out or obliteration; and the court clerk keeps a separate confidential index of case numbers and names of defendants that have been expunged.

An expungement does not mean an internet search won't pull up the original crime if it was reported on the website of a newspaper, TV or radio station, or internet news site.

Some media outlets will clarify that the record has been expunged, upon request, but rarely will they remove the original charge.

The following are among the deferred sentences ordered in 2021 thus far.

James Clay — threaten to perform act of violence.

Brandon Jarvis Grigsby — possession of a controlled dangerous substance, driving under suspension, and no security verification.

Billy Joe Brown — domestic abuse — assault and battery.

Ryan Thomas Cottrell — assault and battery, resisting an officer, and public intoxication.

Ryan Ashley Cady — driving while under the influence of alcohol, failure to stop for yield sign, and no seat belt.

Marvin Uriza Castillo — driving while under the influence of alcohol and no driver's license.

Michael Scott Cole — driving a motor vehicle while under the influence of alcohol and leave scene of accident resulting in damages to fixtures.

Gail Ann Watson — driving while under the influence of drugs and unsafe lane change.

Michael Ray Parsons — driving a motor vehicle while under the influence of alcohol.

David Allen Battreall — reckless conduct with firearm and carrying firearm while under the influence of drugs.

Silvano Flores Hernandez — driving while under the influence of alcohol, no driver's license, no security verification, and failure to pay all taxes due state.

Earl Max Travis — omitting to provide for minor child.

Hal Haven Harris — driving while under the influence of alcohol.

Benjamin Troy Sweet — obstructing an officer, driving under suspension, open container alcohol, speeding 1-10 mph over, failure to obtain title and registration, and no security verification.

David Wayne Whittmore — driving a motor vehicle while under the influence of alcohol.

Joe Mack Adair — assault and battery.

Ryan Dewayne Brown — driving while under the influence of alcohol.

Jarret Allen Jones — driving while under the influence of alcohol, possession of a controlled dangerous substance, unlawful possession of drug paraphernalia, and leaving scene of accident involving damage to fixture on highway.

Conner Ray Montgomery — driving under the influence, no driver's license, failure to yield while turing, and no security verification.

A.J. Bryson Washington — driving under the influence, leaving scene of accident involving damage, no security verification.

Kimberly Nicole Cooper-Atkins — driving while under the influence of drugs, unlawful possession of drug paraphernalia, and driving under suspension.

Benjamin Thomas Carlisle — driving a motor vehicle while under the influence of alcohol, unsafe lane use, and open container alcohol.

Amy Catherine Cunningham — driving while under the influence of intoxicants and driving left of center.

Justin Matthew Meier — driving while under the influence of alcohol.

David Austin Tollett — driving while under the influence of alcohol.

Donovan Wayne Davis — driving while under the influence of alcohol and driving left of center.

Travis Wayne Stout — aggravated assault and battery.

Jason Allen Wright — driving while under the influence of alcohol, obstructing an officer, and open container alcohol.

Brandon Chad Vangroll — driving while under the influence of alcohol.

Jerel Lee Fritts — assault and battery.

Hunter Dale Ragland — driving while under the influence of alcohol and failure to stop at red light.

Edwin Armando Palomares — driving a motor vehicle while under the influence of alcohol.