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

Asked over 1 year ago - 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?

Additional information

It's just a waitressing job. Nothing extensive.

Attorney answers (2)

  1. Dewey Powell Brinkley

    Contributor Level 7


    Lawyers agree


    Answered . 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. Matthew Vernon Silva

    Contributor Level 15

    Answered . 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... more

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