A deferred prosecution is an agreement between the prosecutor and a defendant for the charges to be dismissed after the defendant fulfills certain conditions. A deferred prosecution happens after the charge, but before a trial or guilty plea.A conditional discharge happens after the conviction, but before sentencing. General Rules Applicable to All Proceedings. If you are out of the country on the original due date of the return, you are granted an automatic four month extension to file your North Carolina individual. A deferred prosecution agreement in DC diverts the criminal case off a trial track. If all conditions of the DPA are met the case will be dismissed. A deferred prosecution should be subject to expunction under the general expunction statute on dismissals, GS 15A-146. This Settlement Agreement, dated as of December 9, 2022 (the "Agreement"), sets forth the.