A deferred sentence lets a defendant who has already pleaded guilty avoid a conviction if they complete court-ordered requirements during a set period. Think of it as the court pressing “pause” on final judgment and sentencing.

Judges sometimes grant deferred sentences for lower-level misdemeanors or first-time offenses where rehabilitation appears likely. Typical requirements include staying arrest‑free, completing probation or community service, paying restitution or fines, and finishing treatment, counseling, or classes.

Under Utah law (Utah Code § 77‑2a‑1), a plea in abeyance means your guilty or no‑contest plea is held by the court rather than accepted immediately. No conviction is entered while you complete agreed conditions. If you finish everything successfully, the court typically dismisses the case outright. If you violate terms, the court accepts the plea and a conviction is recorded.

Courts and prosecutors often require similar terms for both deferred sentences and pleas in abeyance. Failing any term risks sentencing (deferred) or entry of the plea as a conviction (abeyance).

• Obey all laws and avoid new charges during the period
• Complete probation, community service, or monitoring
• Pay restitution, fines, and fees on time
• Attend counseling, treatment, or classes (e.g., substance use, theft, anger management)
• Submit to testing or evaluations if ordered; avoid drugs, alcohol, or weapons if restricted
• Report regularly to probation or a case manager and keep contact info current

Deferred sentence: The court may reduce the charge, amend it to a lesser offense, or dismiss the case. If terms were violated, the court moves directly to sentencing and a conviction is entered.

Plea in abeyance: The plea is withdrawn and the case is dismissed with no conviction if you complete everything. If terms are violated, the court accepts the plea and records a conviction.

Neither option is automatic. Eligibility depends on the offense, history, and prosecutor and judge discretion. Work with your defense attorney to raise and negotiate these outcomes.

• Discuss eligibility early with your attorney (first offense, treatment readiness, restitution plan)
• Present reasons for leniency: cooperation, rehabilitation steps, community ties
• Show a concrete compliance plan (treatment enrollment, payment schedule, supervision)
• Have your attorney propose terms during plea negotiations and at the hearing

Even when a charge is dismissed after a deferred sentence, the underlying records still exist in Utah’s systems. You must petition for expungement to seal or remove them. With a plea in abeyance that ends in dismissal, expungement is often simpler because there is no conviction on the case, but you still generally need to file a petition to clear the record fully.