Legal Question in Criminal Law in Kentucky

Difference between pleading guilty and being convicted of

Few years ago I plead guilty to a misdemeanor charge of shoplifting. I was 23 at the time, and it was my first (and last) offense, total value of merchandise less than $50. I was arrested, plead guilty, appeared before a judge and paid a fine. My question is this: is there a difference between pleading guilty to such an offense vs. being convicted of it? I now find myself looking for work and some applications would ask ''Have you ever been convicted of....'' and others ''Have you ever been convicted or plead guity to...'' which makes me think that there might be a difference. How would this even appear on a criminal background check?

I appreciate the explanation. Thank you.


Asked on 11/06/05, 10:02 pm

1 Answer from Attorneys

Philip Owens Philip M. Owens, Attorney at Law

Re: Difference between pleading guilty and being convicted of

There is no difference between "pleading guilty" and being convicted by a jury. If a job application asks for such information, GIVE IT. Most of the time a person is fired for not submitting an accurate application. If you are "up-front" about the situtation, then you probably will be given a chance to explain it. Never if you don't tell your potential employer. Also, in Kentucky, there are provisions where a misdeameanor such as yours can be taken off your record if it has been more than three years and you have no other charges and convictions since that time. See a local attorney.

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Answered on 11/07/05, 7:21 am


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