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

theft charge. I had no...
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?
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Answered in 6 minutes by:
9/26/2013
Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 38,657
Experience: 17 years practicing criminal defense.
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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.
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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?
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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.
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So if you completed all the terms successfully, the charges would have actually been dismissed and you could truthfully answer "no" on the application.
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Also curious how one background search company had the conviction listed and the others don't?

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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.
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Thanks
Barrister
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Customer reply replied 4 years 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.


 


 

or does the pardon documentation serve the same purpose as the dismissal documentation would?
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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.
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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.
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Could they potentially have access to this conviction record?
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Yes, they access the NCIC FBI database which is much more detailed than the commercial background companies.
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.
Thanks
Barrister
Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 38,657
Experience: 17 years practicing criminal defense.
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