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anobody · Apr 28, 2009, 08:28 PM

Can somebody help me understand what this means, please:

There is a Deferred Acceptance of Guilty Plea on a misdemeanor, and all conditions were of this were followed. I think this means the charge has been dismissed? And after that an Expungement certificate for any records of arrest is issued. Does this mean there was a conviction or not?

With the above situation, is the answer to the question of whether having been convicted of any criminal offense, including any conviction which was expunged, "Yes" or No"?
Thanks for any help.

Fr_Chuck · Apr 28, 2009, 08:45 PM

A record can not be explunged unless there was a conviction.

And I have never seen a question that specificly asked about explunged records. In fact I am not sure it is even legal to ask that for a job.

anobody · Apr 28, 2009, 08:52 PM

So that means there was a conviction even if the charges were dismissed? I also don't understand why the expungement certificate would specifically say records of arrest rather than conviction.

And the question was on an application for a professional license.

excon · Apr 29, 2009, 05:54 AM

Hello a:

If the conviction/dismissal was expunged, that means its only hidden from public view. Governments, on the other hand, who grant professional licenses can see your record.

You apparently WERE convicted, because you plead guilty. THAT is a conviction.

excon

whoknowsme · Aug 23, 2011, 11:40 AM

Anobody,

I have the Same question... I've always answered no convictions, BUT am now applying for an RN license and I'm freaked out because the "arrest record" was expunged even though the guilty plea was deferred and therefor dropped... I thought!!

twinkiedooter · Aug 23, 2011, 06:00 PM

Originally Posted by whoknowsme

Anobody,

I have the EXACT same question....I've always answered no convictions, BUT am now applying for an RN license and I'm freaked out because the "arrest record" was expunged even though the guilty plea was deferred and therefor dropped...I thought!?!?

Nope, it's still there and they can and will find it depending on how good their investigators are.

djberm · Jan 18, 2012, 06:05 PM

It is not a conviction. Reference http://www.capitol.hawaii.gov/hrs2008/Vol14_Ch0701-0853/HRS0853/HRS_0853-0001.htm letter

(d) Discharge of the defendant and dismissal of the charge against the defendant under this section shall be without adjudication of guilt, shall eliminate any civil admission of guilt, and is not a conviction.

Sure if companies did deeper research they can find the charges since it is never completely erased from government records, but public records will not show it.