Legal Question in Criminal Law in California

Non Prosecution Agreement

In 1992, given a plea agreement. One of the clauses is a ''non prosecution agreement'' which states, ''In exchange for my waiver of indictment and guilty plead, this Office agrees not to seek charges against you for actions....'' Does this mean since there was guilty plead, there is no felony conviction? Hence, no record?

Restitution paid and probation completed, but no paperwork or instructions given afterwards. So I have no idea if I have a felony conviction or not or whom to go to for advise.

Please advise.


Asked on 9/29/05, 2:40 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Non Prosecution Agreement

No. Your record reflects whatever charges were included in your guilty plea. If one (or more) of them was a felony, then you have a felony conviction on your record.

You were about to be charged with multiple offenses and the prosecutor agreed to let some of them go if you pled guilty to others. There should be no record of those for which you were never charged, but the convictions remain.

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Answered on 10/02/05, 10:59 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Non Prosecution Agreement

not necessarily. it simply means you were granted "immunity" from further prosecution in exchange for your guilty plea to the actual or lesser charge. it would depend on what exactly you plead guilty to or for, in order to determine if it is deemed a felony or misdemeanor. if you would like further assistance in finding out exactly, and what can or cannot be done thereafter, contact us today.

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Answered on 9/29/05, 6:27 am


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