Legal Question in Criminal Law in Colorado

filling out applications that ask if you've been arrested

If you have been convicted of a crime 30 years ago, then the charges were

dropped and all penalties erased, do you still have to answer yes, you were

arrested once.


Asked on 12/04/04, 1:57 pm

2 Answers from Attorneys

David Colt Colt Law Firm, P.C.

Re: filling out applications that ask if you've been arrested

Hello:

In your question, you ask "if you have been convicted ...." Did you actually mean to write, "if you have been arrested ...?" The reason I ask, is because charges don't get dropped after a conviction; the charges can only get "overturned" or "pardoned" or etc., but not "dropped."

Your question is one that I get asked quite frequently. And I think that you are obligated to tell the prospective employer about the arrest 30 years ago if you were arrested and if the employer asks specifically about arrests. Be sure to understand, however, the difference between an arrest and a conviction. An "arrest" is the act that the police do when they take you into custody for a criminal charge. A "conviction", occurring only after an arrest, is when the court either finds you guilty after a trial or you enter a plea of guilty (or no contest).

Look closely at the question that the prospective employer is asking. On the job application, is the employer asking about arrests (most don't) or convictions (most do)? If the charges were dropped against you before a trial or guilty plea, then you do not have a conviction, rather you merely have an arrest.

By the way, there is no criminal charge if you do not answer the question truthfully; however, you do risk being not hired or fired if the employer finds out you were not truthful on the job application. Also, be advised that both arrests and conviction can (but not always) show up on a person's criminal history. You probably need to get a copy of your record (at the police department or sheriff's office in the jurisdiction where you live) to see what's on it, if you haven't already done this.

I hope this information helps you. David Colt.

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Answered on 12/05/04, 2:24 am
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: filling out applications that ask if you've been arrested

Are you talking about an arrest or a conviction? In order to be convicted, there must be a guilty verdict from a jury, or a guilty plea from you. Once you are convicted there can be no dropping of charges. If you are not convicted, there can be no penalties to erase. So from your question I cannot tell what really happened. Know that there is a Colorado state statute that allows you to seal your criminal record. Once done, any agency must deny you were ever arrested.

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Answered on 12/05/04, 3:35 pm


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