Expert: Philip Sweeting - 1/26/2005

Question
Hello.  In June 2004 my wife and I got into an argument, one thing led to another and she called the cops on me.  The cops came and arrested me on the charges of assault -- attempting to cause bodily harm.  I was fingerprinted, photographed and held in a cell for about an hour and a half.  I was then released on my own recognizance.  I was given a court date.  The same day that I was released, my wife and I made up.  We still however appeared at the court on the assigned date.  I pleaded guilty.  This was my first offense so the judge just made me pay a fine.  My wife never pressed charges or anything.  So here's my question...whenever I fill out an application I come across the question Have you ever been convicted of a crime?  What am I supposed to answer to that question?  I was arrested,held in a cell for an hour and a half, pleaded guilty, my wife never pressed charges...does that still count as a conviction??  Please help because I do not want to lie on applications.  Thanks.

Answer
Based on what you told me you have been convicted;however, in most cases such as this the judge will do what's called withold adjudication. That is a legal term that means you were not convicted.

What you need to do is find out if that is how the judge ruled. You should be able to contact the clerk of the court for that information.

You can also have your record sealed/expunged if certain conditions exist. By doing so you can legally put "no" when asked if you were ever convicted of a crime.

Each state is a little different but to be safe I would try to have the record sealed. You could have it done yourself but your best bet is to hire a lawyer. It should not cost that much and in the long run you will be glad you did. Good luck.