Introduction
In Oklahoma, both deferred probation and suspended probation are types of probationary sentences, but they have crucial differences, primarily concerning when a conviction is formally entered and the implications for your criminal record.1
Here's a breakdown of the key distinctions:
Deferred Probation (often referred to as a "Deferred Sentence" under Oklahoma Statutes Title 22, Section 991c):
1. Plea: You typically plead guilty or "no contest" (nolo contendere).
2. Conviction: Crucially, the court does not enter a judgment of guilt at this stage. Instead, it defers (postpones) further proceedings and places you on probation under certain terms and conditions set by the court.2
3. Probation Period: You must successfully complete the terms of your probation, which can include things like paying fines and court costs, attending counseling, completing community service, regular check-ins with a probation officer, and not committing any new crimes.3
4. Successful Completion: If you successfully complete all terms of your deferred probation:
○ The court will dismiss the case against you.
○ Because no conviction was ever formally entered, you were not "convicted" of the crime.
○ This often allows you to have the record of the arrest and the case expunged (sealed from public view) under Oklahoma law (often pursuant to Title 22, Section 18), effectively clearing that particular incident from your public criminal record.
5. Violation of Probation: If you violate the terms of your deferred probation:
○ The court can adjudicate you guilty (enter the conviction).4
○ You can then be sentenced for the original offense, up to the maximum penalty allowed by law for that crime. The original plea agreement or the potential for dismissal is no longer guaranteed.
Suspended Probation (often referred to as a "Suspended Sentence" under Oklahoma Statutes Title 22, Section 991a):
1. Plea/Verdict: You are formally convicted of the crime, either by pleading guilty, "no contest," or being found guilty at trial.
2. Sentence Imposed: The court determines a sentence (e.g., a term of imprisonment in jail or prison).
3. Suspension of Sentence: The court then suspends the execution of that sentence (or a portion of it) and places you on probation under specific terms and conditions. This means you don't immediately serve the jail/prison time, provided you adhere to probation.5
4. Probation Period: You must successfully complete the terms of your probation.
5. Successful Completion: If you successfully complete all terms of your suspended probation:
○ You will not have to serve the suspended portion of your sentence.
○ However, the conviction remains on your criminal record. While you completed probation successfully, the fact that you were convicted of the crime is a permanent public record unless it is eligible for a different, often more complex, type of expungement (which may not seal the entire court record in the same way a dismissed deferred case can be).
6. Violation of Probation: If you violate the terms of your suspended probation:
○ The court can revoke the suspension.
○ You can then be ordered to serve the original sentence (or a portion of it) that was previously imposed but suspended.
In simpler terms:
● With a deferred sentence, you get a chance to keep a conviction off your record entirely if you successfully complete probation. The court is essentially saying, "If you do well on probation for this period, we'll dismiss this, and it will be like it never resulted in a conviction."
● With a suspended sentence, you are convicted, but the court is giving you a chance to serve your sentence on probation instead of in custody.6 The conviction is a fact from day one.
The availability and terms of deferred or suspended sentences can depend on the nature of the crime, your prior criminal history, and the specifics of your case.
Author: Brian J. Boeheim, Partner
Brought to you by: Boeheim Freeman Law - 918-884-7791