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How should I answer the following question on a job application?

Benton Harbor, MI |

The question asks If I've ever been convicted of a crime? You do not have to disclose (1) arrests that did not involve a guilty plea or conviction, or (2) guilty pleas or convictions that have been sealed or expunged by a court.

I pled guilty and received a deferred sentence for RTF 3rd degree, and will be done with probation soon. After this is over I will not be convicted, but I am unsure. I will not be convicted of a crime, but yes I was arrested and pled guilty, but there was no conviction.

Attorney Answers 4

Posted

If you did plea under the diversion program, then you are correct to assume that after you successfully complete your diversion program including probation, this will not result in a judgment of guilt. No convcition.

In other words, the judge accepted your guilty plea, but a judgment of guilt (conviction) was not entered on the official court record. Once you successfully complete probation and any other requirements of the diversion program, the charge will be Nolle Prosequi or dismissed. There will be no public record of this. Keep up the good work and complete that probation successfully.

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1 comment

Asker

Posted

I should add that I accepted a plea deal under MCL 771.1, not a traditional diversion program. Does this make a difference in how I would respond to that question? Even though I was arrested and accepted a plea deal?

Posted

This is not a diversion. This is a delayed sentence. There is a difference. There will still be a conviction after probation is finished.

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Posted

Sounds like you have to answer "yes." You did plead guilty. That would qualify as "an arrest involving a guilty plea." Although your case will be dismissed when the terms of your delay are complete, the arrest, charge, and dismissal will remain a public record. MCL 771.1 is a delay of sentence, not a deferral. Good luck.

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4 comments

Asker

Posted

Then would I be able to get the records sealed by the court after my probation is complete so this is not viewable?

Andrew Charles Lapres

Andrew Charles Lapres

Posted

No. You can ask for an expungement in five years after your sentence is complete. Conditions apply to that.

Asker

Posted

I thought expungements were only available for convictions?

Andrew Charles Lapres

Andrew Charles Lapres

Posted

They are. If you're convicted, you can use the expungment statute. If your case is dismissed under a delay, you cannot expunge or otherwise seal the record. The law does not provide for this.

Posted

The conviction will only be entered if you "mess up", until then you do not have a conviction entered.

I would answer no conviction

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4 comments

Jeffrey J. O'Hara

Jeffrey J. O'Hara

Posted

Under the "delayed sentence" MCL 771.1 the conviction will show up. This is not a deferral which would end up in a dismissal completely and no public record - it is a delayed sentence that this young man pled under. So, he will have to answer "yes" when inquired about his conviction status.

Asker

Posted

I am still confused. Am I convicted of a crime or not? My attorney told me there will be no conviction, provided that I follow all the guidelines of my probation.

Asker

Posted

I was under the impression from what I was told that my plea will be withdrawn and there will be no conviction entered, only my arrest and charge will remain.

Asker

Posted

Any further clarification on this matter? I was told that there will be no conviction after my probation is complete. Was I mislead by this attorney?

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