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How should I answer this question on my job application about my criminal history?

Kinston, NC |

I was charged with petty theft in May of 2011. I was fortunate enough to have been able to go through the deferred prosecution program. If I am not mistaken this means once I was found in compliance that November my charges should have been dismissed. I have not yet been able to come up with the money to get this expunged. My job application asks: "Have you been convicted of or pleaded no-contest to a misdemeanor within the last five years?" I would like to be as truthful as possible. Is a deferred prosecution still considered a conviction?

It's just a waitressing job. Nothing extensive.

Attorney Answers 2


  1. You can accurately and truthfully answer that you have not received any conviction as a result of this charge. A deferred prosecution is not a conviction, as long as successfully completed.


  2. Def. Pros. does not require a guilty plea or a finding of guilt. In fact, a plea is never part of deferred prosecution. Therefore, you have NOT been convicted or pleaded no contest to a misdemeanor.

    The information provided by Attorney Matthew V. Silva is based upon the generic and ambiguous facts presented in short questions. Without a full consultation with an attorney, you should not rely upon any information presented in this forum. The intricate facts of every case are different. The information provided is not legal advice and should not be the basis of any decision without the actual guidance of an attorney. Further, any information provided by Attorney Matthew V. Silva should not be perceived as a willingness to represent you or actual representation. If you would like to speak with Attorney Matthew V. Silva, please call Silva and Sweet, PLLC at 910-333-9833 or visit www.silvaandsweet.com.

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