Legal Question in Immigration Law in Colorado

Is it technically A conviction

Dear Sirs;

I have been considering if there is a potential technical arguement in favor of answering ''no'' to an employment Question that asks-''Have you been convicted of A felony in the past five years.'' Top dictionary entries to the word 'convicted' say:to find or prove someone guilty of an offense or crime, especially by a jury. In march of 1997 I was caught with cannabis plants in my home by the police. I appeared for a preliminary hearing inoctober of 1998,but not arrested untill sentencing on July 7,1999. Since A jury was not involved, under strict deffinition, couldn't it be agued that I was not convicted. Second I did not sign my plea untill July 7, 1999, if i am technically convicted, counting backwards, when does the 5 year period begin. I mention deffinition and technicality because among other things Bill Clinton's famous quote ''...it depends on the deffinition of is''

Thank you


Asked on 2/18/04, 10:42 am

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Is it technically A conviction

The conviction date is the date of the judgment, regardless of when you were arrested. The conviction date is not affected by appeal and a plea doesn't matter either: what matters is official date of the court judgment.

If you're playing it that close to the line, you're better off not applying until you are clear of the 5 years completely. There is case law on this, no doubt: it's worth it to pay a lawyer for an hour to figure out your date, if you want to be sure.

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Answered on 2/18/04, 6:12 pm


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