My ex boyfriend was charged with 2 felony larceny by employee charges back in Sept 2009. He went through deferred prosecution and completed all the requirements set up by the def. Prosecution. However I doubt he has gone back to court to get his record expunged. So does that mean that those felony charges are still on his record? If he gets hit with another felony charge will it make a difference in regards to punishment - as in receiving jail time or would he be able to do deferred prosecution again? How exactly does it work?

Here is the info in great detail: http://www.ncdistrictattorney.org/michaelparker/deferredprosecution.pdf

He is NOT eligible "again" - because he is considered to be repeat offender.

Has he committed another felony?

One deferred prosecution to a customer. The next time he gets arrested and a pre sentence investigation is drawn up for the "points" to be assesed regarding the punishment, yes, the preexisting crimes will count against him. Also, not enough time has elapsed in which he could have even filed for an expungement. It takes about 10 years from the date of the conviction.

I have information that a DA could use to press a felony charge against him. I didn't know whether this would be like a 3rd felony strike if he hasn't had his record expunged yet.