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Jack R.
Jack R., Lawyer
Category: Criminal Law
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Experience:  OHIO//Texas Attorney Civil/Crimnal Practice
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I am a doctor applying for a new position. 15 years ago I

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I am a doctor applying for a new position. 15 years ago I pled guilty to the DUI.
There are 3 questions, 1 of which I must clearly answer yes. "Have you ever been convicted of an offense other than a minor traffic violation?"--they go on to say a DUI is not a minor traffic violation.
Then there are 2 more questions:
"Have you ever been found guilty of a criminal offense?" Ok, if this is not the same question as the first, I'm thinking the difference is "have you been found guilty" implying, correct me if I'm wrong, the burden was on the prosecutor, but I confessed, so it would be "no."
Third question is, "Have you ever been imprisoned or jailed in a criminal proceeding?"
HMmmmmm, why not just ask if I'd been arrested? well, I was briefly in jail under suspicion of a DUI but there was no jail time after, and I read online that a "criminal proceding" starts when prosecuting attorney submits charges, which had not been done.
So "in a criminal proceding" makes this a no for me. Please let me know if I'm wrong on that count.

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A conviction is a formal declaration that someone is guilty of a criminal offense, made by the verdict of a jury or the decision of a judge in a court of law.


With respect to question 2 a conviction means a finding of guilt. Normally a conviction follows a guilty plea, or a trial. When you plead guilty a court will find you guilty of the charge based on your plea. This question while similar to the first may be only to differentiate a conviction that was overtured after being found guilty or pleading guilty. It would also cover a situation that a conviction is deferred for a period of time. Some States have what is called deferred adjudication. In some States you must plead guilty to the crime, however a formal conviction is not done if you successfully complete the program effectively the plea and charge are dismissed. In you case if you answered yes to question one you will have to answer yes to question 2.


Question 3 is asking if you were sentenced to jail time and served any time. Time awaiting trial would not count.


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