How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Barrister Your Own Question

Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 23143
Experience:  14 years practicing criminal defense.
19958803
Type Your Criminal Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

I was arrested in Jefferson parish La in 1997 for a white collar

Resolved Question:

I was arrested in Jefferson parish La in 1997 for a white collar theft charge. I had no prior arrests and ended up pleading guilty under article 893. I successfully completed my probation and have not been in any trouble since. I was told by my probation officer that under the 893 plea that I could answer "no" if ever questioned whether or not I was ever convicted of a crime on a job application. I'm self-employed now and have been for some time, so no troubles there, but I'm applying at my child's school as a volunteer coach and the conviction question is on the application. I want to be completely honest, but at the same time if it's my right to answer no as I was told, I'm considering that to protect my privacy. I've pulled my own criminal background check through few background check providers and one actually shows the arrest and convictions, but all of the others did not. My concern is that it may show up on their background check, and if I answer "no", I have to explain the entire 893 plea situation and possibly be precluded from coaching. However, if I answer "yes", I still have to explain it and it may not even show up on their background check.
Under article 893, is it true, even without an expungement, that I can honestly answer "no" to whether or not I've ever been convicted of a crime?
Also curious how one background search company had the conviction listed and the others don't?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Barrister replied 11 months ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
.
Under article 893, is it true, even without an expungement, that I can honestly answer "no" to whether or not I've ever been convicted of a crime?
.
Yes, when you enter a plea under 893 or 894, the conviction is “held in abeyance.” This means that your guilty plea is not accepted by the judge, but instead put aside while you complete certain conditions. If you complete these conditions, which will include staying out of trouble for a certain period of time and can also include classes, community service, counseling and the payment of fines or restitution, the judge will dismiss the charges.
.
So if you completed all the terms successfully, the charges would have actually been dismissed and you could truthfully answer "no" on the application.
.

Also curious how one background search company had the conviction listed and the others don't?

.
The various background check companies get all their data from the court records so it is likely that this one got copies of the records and entered them in their database prior to any formal dismissal of the charges. You can obtain copies of the dismissal and then send them to the company with a request to update their records to reflect the dismissal rather than a conviction.
.
.
Thanks
Barrister
Customer: replied 11 months ago.


Thanks for the quick reply. I never received any official "dismissal of the charges" documentation, but I did receive "first time pardon" documentation. I guess I may have to follow-up with the court in La to check if indeed the 893 plea dismissal was handled correctly pursuant to the original, documented plea deal, or does the pardon documentation serve the same purpose as the dismissal documentation would?


 


Also, I now reside in MN and the background check the school will use will be processed by the MN Bureau of Criminal Apprehensions, which is obviously a law enforcement/ government entity. Could they potentially have access to this conviction record?


 


Again, I don't want to look like a liar should this record be disclosed, but I don't want to disclose this past embarrassing matter if don't have to.


 


I want to try and cover every base before I make my decision on how to answer the conviction question on the application.


 


 

Expert:  Barrister replied 11 months ago.
or does the pardon documentation serve the same purpose as the dismissal documentation would?
.
They are a little different because a pardon doesn't erase the conviction from the record, it just states that everything is forgiven and there are no longer any negative effects from the conviction.
.
So yes, I would suggest following up to see exactly what they did because the specific law may have been different in 1997 with regard to the 893. If they didn't specifically dismiss the charge, but rather pardoned it, then you would still have to report it as a conviction unless you filed a petition for expungement and had the charge formally expunged from the record.
.
Could they potentially have access to this conviction record?
.
Yes, they access the NCIC FBI database which is much more detailed than the commercial background companies.
.
.
Thanks
Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 23143
Experience: 14 years practicing criminal defense.
Barrister and 6 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.