A deferred prosecution should be subject to expunction under the general expunction statute on dismissals, GS 15A-146. A deferred prosecution happens after the charge, but before a trial or guilty plea.A conditional discharge happens after the conviction, but before sentencing. In so doing, the Company: (a) knowingly waives its right to indictment on this charge, as well as all rights to a speedy trial pursuant to the. A deferred prosecution is an agreement between the prosecutor and a defendant for the charges to be dismissed after the defendant fulfills certain conditions. Deferred prosecution is an agreement that the prosecutor and defendant make for the charges to be dropped after the defendant meets certain requirements. The program seeks to give certain individuals facing criminal charges a second chance to avoid a conviction and its consequences.