Some disclosure questions are asked if you have already been “convicted of a crime.” What is a conviction? A conviction is a finding (or verdict) by a judge or jury that a person is guilty of a particular crime or charge. This verdict may be rendered by an admission of guilt or a verdict at the end of a trial. If you were tried as a defendant in a criminal case, chances are you had a lawyer, know the outcome of the case, and remember the details of the event. For most applicants, the issue of criminal convictions arises when they have been charged with a crime and have settled the matter in any way without going to court or pleading guilty and being convicted. While some plaintiffs pleaded guilty to a felony (and were therefore “convicted” for charges), a number of plaintiffs settled a criminal case by another method that involves a combination of sentences and a partial admission of responsibility. The nature and circumstances of these resolutions vary considerably from State to State. Means may include: (C)? convictions that have been sealed, rejected, erased or quashed by law, or any conviction for which the convicted person has received a full pardon or pardon. 1. My lawyer told me that if I admitted what had happened and did community service, the case would be dismissed. Is it a conviction? MAYBE. In most cases, when an indictment has been dismissed, there is no conviction for that charge. However, in some cases, a person may admit to having done something, uphold a conviction and be placed on probation, after which the case is dismissed.
According to case law, this may amount to a conviction. You should consult a lawyer if you have admitted wrongdoing in your case. 2. I was isolated before the trial and stayed out of trouble for a while. I was not punished in any way (no community service, no fine, etc.). Does that count as probation? MAYBE. Pre-trial diversion, pre-trial probation or a period of supervision – nothing more, as an admission of guilt or responsibility – are generally not considered probation. However, these pre-trial diversion programs may be considered “probation” in the province or territory where the incident occurred. You should read your case documents very carefully and then consult a lawyer to see if your situation qualifies as “probation” in that jurisdiction. 3.
I don`t remember what happened in my case, but I know that it was eventually rejected and my lawyer said it would never appear in my file. So I was never put on probation, was I? MAYBE. Just because a case ended in release does not mean you avoided parole. In some jurisdictions, a case may be continued, postponed or suspended for a period of time, after which the case may be dismissed. However, the period during which the proceedings were continued or suspended may be considered as a probationary period. The laws of each jurisdiction determine whether this period of adjournment or continuation has been considered “probation”, so you should also get legal advice here if you have a question about the classification of your case. Each of the above terms implies a different set of circumstances and is defined by the law of the state in which the incident occurred. In some cases, such as invoking “sufficient facts,” the accused must confess in court or confirm that he or she did something wrong. In other cases, including some forms of diversion or pre-trial probation, such admission is not required. These types of sentences often involve a token sentence, including a fine, a diversion program (most often for traffic offences or alcohol or drug incidents), community service, or probationary period. Candidates are often confused or misinformed about the meaning of these terms. Since the terms vary greatly from jurisdiction to jurisdiction, you should gather relevant documents from your case and seek legal advice on how to classify your situation.
However, few schools will ask you if you have a “criminal record”. Instead, they will be much more specific in the investigation, asking about arrests, charges, convictions, etc. Instead of guessing what definition the school uses and whether you have a “criminal record,” read the instructions on the issue of disclosure very carefully and consult a lawyer if necessary. Apps can ask you if you`ve ever been “arrested, cited or charged with a criminal offence.” In general, an indictment is a formal charge of a crime. An indictment is usually presented by means of a “fee document”. Indictments include criminal charges, charges or information. It is not essential that you know the definitions of complaint, accusation or information. It is important to determine if any of these documents accuse you of a crime have already been filed. The term could also be interpreted to mean that unless a person has been convicted of a crime, they have no criminal record. Under this narrower definition, you may not have a “criminal record” and you will need to clarify what exactly the application requires.
Criminal disclosure issues often contain terms that sound familiar to you, but have a particular meaning in the context of an application (e.g., arrest, indictment, verdict, conviction, “no dispute”, deletion, etc.). If you are asked to disclose information as part of your request, it is your responsibility to know what conditions apply to your situation and whether disclosure is required. You may feel comfortable remaining perfectly ignorant now (after all, if you don`t know what the terms mean, how can you be held accountable if you make a mistake?), but as we discussed in the previous post, the implications of a “mistake” in your disclosure can be considerable. The best way to ensure you are fully informed before answering a disclosure question is to speak to a lawyer who practices criminal law in the jurisdiction where your incident occurred. So, and only then, you can be sure of how to classify your situation before answering the application question. The following descriptions should not be construed as legal advice. Instead, they provide a high-level overview of terminology you might find in apps, a basic glossary to consider before asking for additional help to resolve your issues.
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