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Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
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Experience:  Experienced Criminal Trial Attorney since 1998.
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i got a deferred imposition of 11 months last year. Even though

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i got a deferred imposition of 11 months last year. Even though i pleaded guilty, the court said my case will be dismissed and sealed after 11 months. also, at that time i got a fine and community work and was fingerprinted. will my criminal history be removed after the completion of 11 months? will it come in background checks?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Legal-Guru replied 1 year ago.
Welcome back to JustAnswer. There are two separate records relating to your arrest and criminal charge.

The court records will be sealed after you successfully complete your probation and will not be publicly available. For most purposes you will not be considered to have a conviction. However, there are exceptions. I have included a link to a North Dakota Attorney General's Opinion that detains some of the instances where a deferred imposition of sentence is considered a conviction under North Dakota law.

The other record is your arrest record. That cannot be expunged unless you can show that you were wrongfully arrested. Since you pled guilty that would be almost impossible to show.

So in short a background check would show that you were arrested but should not reflect a conviction.

http://www.ag.state.nd.us/opinions/1991/Advice/121191-Holmberg.pdf
Customer: replied 1 year ago.

so that means, police will never destroy my fingerprints after sealing of my case?


 


when i will apply for jobs, during background check, if they ask me whether u were convicted of any crime? whether you every plead guilty? what should i answer to these questions after sealing of my case?


 


also, since my case is sealed, can i go to canada? as i understand, canada doesn't not allow people with theft charges into their country. FYI - my conviction was for shoplifting.

Expert:  Legal-Guru replied 1 year ago.
so that means, police will never destroy my fingerprints after sealing of my case?

That is true. Of course, those are only accessible by law enforcement.

when i will apply for jobs, during background check, if they ask me whether u were convicted of any crime?

The correct answer to that question is: No, you have not been convicted of any crime.

whether you every plead guilty?

The correct answer to that question is: Yes, you have you have pled guilty to a crime.

since my case is sealed, can i go to canada?

The Canadian Immigration Act uses the term convicted when referring to excluded individuals so you should be ok. Also, the Canadian Government's website indicates that if no conviction was recorded you may enter Canada, but advises people to bring with them documentation of the disposition of their case. I would wait until you complete your probation and make sure you have your paperwork from your court case with you just in case.

Customer: replied 1 year ago.

 


 


what if, on the job application if they ask have you ever been arrested?


i never spent a day in the jail. so what should be my answer?


 


also, sometimes they ask explain it, if you plead guilty or have been arrested: what should be the correct terminology to explain it.


 


FYI - my disposition was: misdemnour B, 325 $ fine, 16 h community service, 11 months of deferred imposition.


 

Expert:  Legal-Guru replied 1 year ago.
what if, on the job application if they ask have you ever been arrested?

i never spent a day in the jail. so what should be my answer?

If you went through the booking process, you have been arrested so the correct answer would be "yes".

also, sometimes they ask explain it, if you plead guilty or have been arrested: what should be the correct terminology to explain it.

You can just say you were arrested but not convicted or if you want to go into more detail you can say you successfully completed an eleven month deferred imposition of sentence, the case was dismissed, and your record was sealed.
Customer: replied 1 year ago.

one last question: how should i answer this?


 


have you ever been committed, been arrested for, been charged with or convicted of any criminal offense?


 

Expert:  Legal-Guru replied 1 year ago.
The answer would be "yes" for arrested and charged with a criminal offense.
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1355
Experience: Experienced Criminal Trial Attorney since 1998.
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