If I was booked but have not gone to court yet to be convicted of a gross misdemeanor charge is it still on my record pending?

DETAILS

I was booked for a theft charge and want to know if it will be on my record for employers if I have not been convicted yet.

ANSWER

Thank you for your question.

You are always innocent until proven guilty. Any pending charge does not count as a conviction until you either plead guilty or are found guilty by a jury. If an application asks, “have you ever been convicted of a crime”? Then, the answer for you at this point, is “no”.

With respect to what your employer can “see”, it would depend on what database your employer is searching. If they were looking up a public court record, they would be able to find your pending case. However, if they were searching other kinds of criminal history databases, typically, those criminal history databases only reveal convictions.

To best protect yourself, and your record, you may want to consider hiring a criminal defense attorney. An attorney can help you keep your record clean and an attorney can also help you present yourself in a positive light to employers, if that course of action becomes necessary.

I offer free consults and would be happy to speak to you about your case.