I have a pending charge for petty theft. It's my understanding I can say I have not been convicted nor arrested. However, I'm not clear, if the pending charge means arrest and need to say so if asked.
An application says they want information about your conviction history and not to disclose arrests that have been dismissed. Then asks if you have been convicted, plead guilty, or no contest and explain. Since I am in PTD, I believe I can safely say no to this question. There is no question space to indicate you were arrested.
However, their statement seems tricky when they say not to disclose closed arrests. If pending charges mean arrest I must say since it will show on a check. Also, I read that pending charges can't be held against you since not final, is this true?
Criminal Defense Attorney
No because not everyone is arrested for petit theft. You would know if you were arrested. If you have not been to the jail then you can answer no to the arrested or conviction questions.
DUI / DWI Attorney
Technically when you are in PTd the charge is still pending. After you successfully complete PTd, then it is no longer pending but will be dismissed.
Criminal Defense Attorney
Here is the rule of thumb: if you have not been arrested, booked, processed (meaning fingerprinted and photographed for a mug shot) you have not been arrested.
Now, may you be charged with a petty offense without an arrest? Yes.
Is that an evidence of guilt? No.
Do you need to disclose any prior convictions with any pending petty charge? No, because the case is not completed and there is no disposition of any sort to know whether it will result in conviction. The case maybe stricken on leave, nolle prosed, (which means dismissed in vernacular) or may result in an acquittal.
If you are still confused, please seek further clarification with a local criminal defense practitioner
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