Plea Agreement Definition
Plea agreements are a critical part of the criminal justice system, often representing the final step before a case is resolved. In many cases, they are an earlier solution to a trial, during which more time and money would be wasted. They represent a means for both the plaintiff and the defendant to solve their problems peacefully, without the need for a long and complex criminal trial.
These agreements exist to ensure that defendants that have, on the whole, committed fairly minor violations do not have to spend months, or even years, behind bars simply because they opted to take their case to trial. The criminal justice system carries with it a set of tools by which those accused of crimes can receive less extensive punishment in exchange for pleading guilty to their crimes. Because the only other alternative generally carries with it the risk of a lengthy, expensive trial—and the potential of a much heftier punishment if the result is not in the defendant’s favor—these plea agreements serve as what is essentially a win-win. The defendant does not have to sacrifice his or her freedom, and the court has received justice through the plea.
There are several types of plea agreements, including charge bargaining, sentence bargaining and count bargaining. Charge bargaining involves the defendant agreeing to plead guilty to one or more charges of a lesser sentence in order to avoid going to trial for all charges being levied against him or her . Sentence bargaining is when the defendant pleads guilty to one charge in return for the prosecutor agreeing to recommend a certain sentence. Finally, count bargaining is when the defendant agrees to plead guilty to a certain number of offenses to receive either a lighter punishment or a dismissal of any additional offenses.
When a jury trial does occur, the prosecution and defense each are responsible for providing evidence that shows their respective side of the case—guilt or innocence. The defendant will attempt to show either that he or she did not commit the crime of which they are accused, or, if they did, that there are sufficient mitigating circumstances to warrant a lesser sentence.
When plea agreements are entered, these trials are avoided. These agreements are often based on a defendant’s acceptance of guilt, which allows the prosecution to offer them. Rather than proving that a defendant has committed a crime, the prosecutor relies on the guilty plea and the conditions that accompany it. Sometimes a plea hearing is even conducted, during which the defendant will acknowledge his or her guilt and accept the terms of the plea agreement in front of a judge.
In some instances, an agreement can be made by the defense attorney and the judge, and has the ability to result in a defendant’s immediate release from custody.
What Constitutes a Public Record?
When you ask, "Are plea agreements public record," you first must understand what is a public record. Public records are records that must be disclosed to the public upon request unless one of the statutes or other legal authorities exempts disclosure. The general rule for criminal records, including case files and documents, is that they are public. The exceptions to this general rule are records sealed by law, that are confidential by law, or that have been expunged. It is important to recognize that sealing the record and expunging the record are different processes. The best and easiest result for someone charged with a crime is to obtain an acquittal at trial. In that case, he or she is completely innocent, and the records should never have seen the light of day. When an acquittal is not possible, there are more ways to go about getting rid of a criminal record.
If the record is sealed, only certain people, usually government actors, are allowed to see the record. If the record is expunged, it no longer exists. In Florida, the process of expungement requires that the individual seeking the expungement either go through the court or the Florida Department of Law Enforcement (FDLE). The decision is not discretionary with either forum. However, if you do not qualify under the law, neither forum can grant your request for expungement, even if you ask nicely.
Not only files, but also certain court proceedings are closed from public view. For example, a child custody proceeding in Florida is a closed proceeding, meaning that the public is not allowed to attend. On the other hand, a child support proceeding is an open proceeding for the public. If you want to see what those are, you better get your popcorn and take a seat in the back. Old folks like me will remember a TV show called "Perry Mason." Raymond Burr played the title role, but what made his show and movies interesting were the witnesses. Whenever something important was mentioned on the witness stand, he always asked the witness to speak, "into the microphone." The witness then always turned his or her head to one side and audibly spoke into the microphone. The reason this was done was because, at the time, all the proceedings were open to the public. By turning his or her head the entire way, the witness amplified his or her voice and everyone in the audience could hear. Today, you hear the term "closed courtroom." What does that mean? It means no one is allowed to attend.
Plea Agreements and the Public
Plea Agreements can be found in the court’s record in your case, but are they available to the public on request? The short answer is that plea agreements are more likely than not public records open to inspection and copying.
Plea Agreements are just another form of a court document or record and are found in the case file. For example, in a misdemeanor case my client was charged with driving under the influence (DUI). My client entered into and signed a plea agreement agreeing to plead guilty in exchange for a recommendation from the prosecutor for a sentence of 20 days in jail. The plea agreement was not filed with the court, but it was found in the prosecutor’s case file. I assume that this has to do with the workload of the local District Attorney’s office.
In felony cases, plea agreements are generally similar. The plea agreement, signed and filed with the court, would contain an agreement between the prosecutor and the defendant as to what crime is pleaded to and what the recommended sentence is. All this information is found in the case file and in that respect is public information.
Some states have statutes, rules or court decisions that make plea agreements presumptively public records, but also provide courts with the ability to restrict their release in certain circumstances. Defendants concerned that their privacy interests would be violated will often seek court orders sealing all or part of a plea agreement. Sometimes the court will grant this request, sometimes it won’t.
Your best option is to check with the clerk of the court in your case. If your case file is open to you, odds are that the plea agreement is also public. If not, then your attorney should be answering these questions for you.
Privileges and Rules for Limiting Access
Plea agreements, the deals struck between an accused and a prosecutor to plead guilty in exchange for a more favorable deal on the charges, generally are considered public record. But there are some legal reasons why those records might be sealed.
Although many plea agreements are filed publicly with the court, some are not, and this can be controversial. For example, The New York Times has reported that district attorneys in that state are seeking to keep plea agreements from the public in cases involving sex crimes. In one such case, to protect a victim, the county told the accused that it would not accept his guilty plea unless he agreed to change his name and move out of state .
Another reason a plea agreement might be sealed is to protect the identity of a confidential informant or other confidential witness. While those records are generally confidential, they might be included in the file to preserve their confidential nature.
Still other reasons may include a deal to keep a defendant from facing civil liability or a potential medical risk, such as if the defendant is HIV-positive and wanted to verbally agree to pen a deal and not put it in writing.
In some jurisdictions, a judge might not yet have signed an order approving the guilty plea, making it not yet a matter of public record. In North Carolina, for example, such deals are signed by the judge after their filing but so long as there is no conflict.
Obtaining Copies of Plea Agreements
Plea agreements are generally public record in Virginia. Once a plea agreement is signed by the court and filed, it becomes part of a public court file. In the best case scenario, an agreement that is part of the court file should be easy to get, with no problems getting a copy.
Under Virginia’s Access to Public Records Act, there is a presumption that most records are public, however, that a specific code section may provide an exception. For example, a plea agreement that has not yet been accepted by the court or is entered under seal may not be public.
If you are looking for a plea agreement, the best place to start is the General District Court clerk’s office in the jurisdiction where the defendant appeared for the offense charged. In the General District Court, pleadings and motions become part of the public court file and open to the public unless the court orders otherwise. In Circuit Court, motions generally do not become part of the public court file.
In the General District Court a plea agreement may require a hearing before there is an acceptance of the plea or it may be entered under seal and do not appear on the court’s website. If there is no hearing in General District Court, you will not be able to get a copy without the consent of the defendant. So if you cannot get a copy at the General District Court clerk’s office, you will need to contact the defendant and/or their lawyer.
Although they may appear on the court’s website, pleadings are often difficult to read. If you happen upon a plea agreement online, you may find it hard to decipher the handwriting. From my experience, the handwriting issues are more prominent in General District Court than in Circuit Court because Common Pleas courtrooms have a systems to electronically record them with a court reporter. Circuit Court plea agreements generally can be found on the court’s website, although some exceptions exist. Electronic records have been held not to be public record, where the clerk has the option to maintain records in electronic format, but does not.
If the plea agreement was entered under seal your attorney may be able to get a copy from the court upon an order of the Judge. This is a complicated process because you will need good cause to enter. So, for example, a person who has a contract dispute with someone who happened to have a public case in which a plea agreement was made, will not be able to get a copy of the plea agreement. However, it may be possible for your attorney to convince a judge to allow you a copy.
If you can’t find a plea agreement in Circuit Court, it is possible that it is sealed and you will not be able to get it unless you have good cause for either a hearing or an order from the judge to get it.
If the plea agreement was made in federal court, it is probably a public document once it is so ordered by the court. You can probably get a copy through the federal clerk’s office. Again, in some cases the plea agreement may appear on the court’s website.
Effects of Public Plea Agreements on Your Case
The availability of plea agreements to the public might have effects far beyond the courtroom and social media, particularly for those involved in the agreement. Once a plea bargain appears in the newspaper or on another platform as a public record, it becomes a part of the individual’s digital footprint that can be searched online. Those charged with an offense of any kind might find themselves applying for jobs or school only to have their applications rejected after a prospective employer or school finds the record. Even after serving time and paying their debt to society, a person’s felony conviction might continue to cast a shadow on their reputation.
The more constructive side of this concern is that the public accessibility of plea agreements might inform the decisions of some individuals to choose accepting plea bargains. After all , many plea bargains come about even when the defendant would rather go to trial. If the defendant knows prior to entering the agreement that it will be readily searchable on the worldwide web, he or she might be more likely to consider other factors seriously before entering the agreement.
On the other hand, the ease with which prospective employers can now search for relevant records might escalate what may be already an overzealous reaction to the individuals with criminal records. Moreover, it might dampen a person’s spirit to have to answer for the mistakes they made previously when they are applying for school, selecting a spouse, or even engaging in everyday activities. In the grand scheme of things, an individual’s past mistakes should not be held against him or her in a way that impacts their everyday life.