Expert: Jack Toomey - 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
James,

    In your question to me you said that you plead guilty to a crime and yet you ask if you have been convicted of a crime?  When you plead guilty to a criminal offense that is a conviction.  Whether you know it or not your wife did press charges against you because the charges were not dropped at the time of trial. Let your conscience be your guide but you have been convicted of a crime.

   Perhaps you should have had an attorney at the time this court date happened but that is in the past.  You should consult with an attorney now to see if your state allows expungement of criminal records.