Legal Question in Criminal Law in California

Arrested but case never called at court- Will this be on my record as a convicti

My friends and I were arrested on a first offense for credit card fraud in 1995. At my court date, our cases were never called and they told us it was probably dismissed. We never heard about it again. Now I am applying for a real estate license and they're asking me to disclose any convictions. Do I have to disclose it? Was it an actual conviction? How would I check if there was a warrant for me in case they sent me another trial date and I never knew about it? Thanks!


Asked on 7/30/04, 12:10 am

4 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Arrested but case never called at court- Will this be on my record as a conv

A court cannot convict you of anything unless it either holds a trial or you enter a plea of guilty or no contest. If the court never even looked at your case then it did not convict you.

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Answered on 7/30/04, 6:25 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Arrested but case never called at court- Will this be on my record as a conv

Probably as not the case was rejected by the DA. In my experience, unless you are applying to join the FBI or something, as a general rule you are best off resolving any doubts in favor of not putting whatever-it-was down on the form.

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Answered on 7/30/04, 12:20 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Arrested but case never called at court- Will this be on my record as a conv

Go to the sheriff's web site and check for a warrant. Call me directly at (619) 222-3504.

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Answered on 8/02/04, 12:12 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Arrested but case never called at court- Will this be on my record as a conv

An arrest is not a conviction.

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Answered on 7/30/04, 1:00 am


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