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If my online record says "Final disposition: dismissed" can I say no to the "have you ever been convicted" question on a job app

Manassas, VA |

Happened in the state of Virginia almost three years ago.

Attorney Answers 3


  1. More information is necessary. What was the disposition before the final disposition? Was there a probation satisfied that was marked dismissed or were the original charges dismissed in which case it is not a conviction?
    Sincerely,

    Attorney Mitchell S. Sexner
    Mitchell S. Sexner & Associates LLC /o
    Defending your rights since 1990
    1 (800) 996 -4824
    Email: : msslawoffices@sbcglobal.net
    Website: Criminal and Traffic Attorneys

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  2. I used to practice in Virginia - if your online record says dismissed then you have not been convicted of that crime. If you received a deferred disposition under a plea agreement then a verdict was not entered until the deferred disposition return date and when that date came your case was dismissed because you (presumably) complied with plea agreement.

    It is always difficult to grasp the full extent of any legal issue from a brief introduction to a limited set of facts. If you are experiencing a situation that needs legal attention it is always best to set up a consultation with an attorney and go over the facts in greater detail. If you decide to enter into a professional relationship with an attorney hours of research will go into analyzing your case, so please do not expect that anything posted here should be relied upon without substantial further review.


  3. The short answer is "probably."

    I say "probably" because if a case is listed as "dismissed," then there is no conviction and you can honestly say "no" to the specific question solely about a CONVICTION. However, watch out for questions on job applications about being "charged" with a crime, "jailed" for a crime or questions about "probation before judgment" or "agreed dispositions."

    I also say "probably" because the online databases are not always accurate. Sometimes it may say one thing online and another thing in the court file. The court file is the important document, not the online file. Make sure that your answer is truthful in accordance with the actual court file.

    I would need a bit more information to give you a full and complete opinion about your question. The nature of the dismissal (i.e. was it a deferred disposition and dismissal without admission of guilt, or was it a plea agreement wherein you admitted guilt or facts sufficient to find guilt, but a judgment of guilt was not imposed, etc.) is important, as well as your recollection of what actually occurred in court.

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