Legal Question in Criminal Law in California
''Conviction'' question on job applications
On job applications it asks ''Have you ever been convicted of a crime?'' What i want to know is exactly what defines a ''Conviction'' Does that mean that if you comitted a crime and were sentenced to something, thats a conviction. So if you were never sentenced to something is that not a conviction? Are there any other ways to get around this question besides getting records sealed or expunged? For Example: Say a person comitted some crimes, then went to jail, the person then went to court, and then they signed a paper saying they would not be sentenced with anything as long as they didnt commit another crime, and if they did, they would serve the maximum sentence. Does this mean they were convicted of a crime or not?
Thank you for all your help.
2 Answers from Attorneys
Re: ''Conviction'' question on job applications
A conviction means a guilty verdict, a plea of guilty or a plea of no contest (also known as nolo contendre). It doesn't matter what the resulting sentence is.
Your hypothetical doesn't really make sense, since it involves someone going to jail and then making a deal to avoid going to jail. But these details don't really matter, because sentencing is handled *after* a conviction has already been entered.
It is also not plausible that a defendant could be convicted but not receive a sentence. The sentence could be very lenient -- say, a small fine or brief probation -- but it is still a sentence even if it does not involve time behind bars.
Re: ''Conviction'' question on job applications
When facing a criminal prosecution, if you either plea guilty or no contest to the charge, or if a jury (or a Judge in a Court trial) finds you guilty, then you have been "convicted." Even if you are not officially sentenced, or its imposition is suspended, you would still be "convicted." The only way to remove a conviction is: 1) have juvenile records sealed under some circumstances, or 2) qualify for, and receive an expungement, usually by filing such a request, and having the Judge sign such an Order.
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