Columbia's "have you ever been convicted of a crime?"

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Deuce
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Columbia's "have you ever been convicted of a crime?"

Postby Deuce » Tue Aug 03, 2010 3:31 am

I'm confused on this one. The questions asks if you have been convicted of a crime, then says to include even expunged/diversionary situations. Do they mean charged instead of convicted? Can't you only expunge/seal an arrest if you were never convicted in the first place?

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Knock
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Re: Columbia's "have you ever been convicted of a crime?"

Postby Knock » Tue Aug 03, 2010 3:41 am

Ildeuce wrote:I'm confused on this one. The questions asks if you have been convicted of a crime, then says to include even expunged/diversionary situations. Do they mean charged instead of convicted? Can't you only expunge/seal an arrest if you were never convicted in the first place?


I think you can have convictions expunged. Like if you were underage, or it was a first offense and part of your plea deal was that it was to be expunged after a certain period of time of good behavior.

I would treat the question as "convicted." This is applications for law school after all, i'm sure they ask what they want.

From Wikipedia (my underline):
In the common law legal system, an expungement proceeding is a type of lawsuit in which a first time offender of a prior criminal conviction seeks that the records of that earlier process be sealed, thereby making the records unavailable through the state or Federal repositories. If successful, the records are said to be "expunged". Black's Law Dictionary defines "expungement of record" as the "Process by which record of criminal conviction is destroyed or sealed from the state of Federal repository."[1] While expungement deals with an underlying criminal record, it is a civil action in which the subject is the petitioner or plaintiff asking a court to declare that the records be expunged.

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Deuce
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Re: Columbia's "have you ever been convicted of a crime?"

Postby Deuce » Tue Aug 03, 2010 3:47 am

So if you were arrested but had adjudication withheld, the answer to this question is still no?

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Knock
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Re: Columbia's "have you ever been convicted of a crime?"

Postby Knock » Tue Aug 03, 2010 3:51 am

Ildeuce wrote:So if you were arrested but had adjudication withheld, the answer to this question is still no?


Can you elaborate further? I'm not quite sure what it means to have adjundication withheld.

But I know that getting arrested =/= convicted.

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Deuce
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Re: Columbia's "have you ever been convicted of a crime?"

Postby Deuce » Tue Aug 03, 2010 3:56 am

Knockglock wrote:
Ildeuce wrote:So if you were arrested but had adjudication withheld, the answer to this question is still no?


Can you elaborate further? I'm not quite sure what it means to have adjundication withheld.

But I know that getting arrested =/= convicted.


Adjudication withheld is just that, a withholding of judgement. You are not convicted or found guilty, and can legally say you were never convicted.

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Knock
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Re: Columbia's "have you ever been convicted of a crime?"

Postby Knock » Tue Aug 03, 2010 3:58 am

Ildeuce wrote:
Knockglock wrote:
Ildeuce wrote:So if you were arrested but had adjudication withheld, the answer to this question is still no?


Can you elaborate further? I'm not quite sure what it means to have adjundication withheld.

But I know that getting arrested =/= convicted.


Adjudication withheld is just that, a withholding of judgement. You are not convicted or found guilty, and can legally say you were never convicted.


Sounds like you're good to go checking "No" on whether you've been convicted of anything. Now if the application asked if you've ever been arrested for anything, definitely make sure and disclose.

If you're still nervous/hesitant, call Columbia and ask them and see what they say :).

rv11
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Re: Columbia's "have you ever been convicted of a crime?"

Postby rv11 » Tue Aug 03, 2010 7:58 am

Ildeuce wrote:I'm confused on this one. The questions asks if you have been convicted of a crime, then says to include even expunged/diversionary situations. Do they mean charged instead of convicted? Can't you only expunge/seal an arrest if you were never convicted in the first place?


How can one have a diversionary situation while being convicted? Isn't the whole point of that to avoid a conviction?

shoop
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Re: Columbia's "have you ever been convicted of a crime?"

Postby shoop » Tue Aug 03, 2010 9:52 am

Ildeuce wrote:I'm confused on this one. The questions asks if you have been convicted of a crime, then says to include even expunged/diversionary situations. Do they mean charged instead of convicted? Can't you only expunge/seal an arrest if you were never convicted in the first place?


I'm confused by it, too. If someone goes through a diversion program, they're typically not considered to have been charged, convicted, or adjudicated.

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Re: Columbia's "have you ever been convicted of a crime?"

Postby 03121202698008 » Tue Aug 03, 2010 9:56 am

rv11 wrote:
Ildeuce wrote:I'm confused on this one. The questions asks if you have been convicted of a crime, then says to include even expunged/diversionary situations. Do they mean charged instead of convicted? Can't you only expunge/seal an arrest if you were never convicted in the first place?


How can one have a diversionary situation while being convicted? Isn't the whole point of that to avoid a conviction?


Some states have diversionary programs where you plead to a lesser offense or the "crime" is withheld until you complete punishment/treatment. So for a first DWI, you might have to plead to reckless driving and attend alcohol-treatment. Many law schools and the Federal government still ask about these because you admitted guilt and thus would have likely been convicted had you went to trial. They are still treated much like a conviction.

rv11
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Re: Columbia's "have you ever been convicted of a crime?"

Postby rv11 » Tue Aug 03, 2010 11:47 am

blowhard wrote:
rv11 wrote:
Ildeuce wrote:I'm confused on this one. The questions asks if you have been convicted of a crime, then says to include even expunged/diversionary situations. Do they mean charged instead of convicted? Can't you only expunge/seal an arrest if you were never convicted in the first place?


How can one have a diversionary situation while being convicted? Isn't the whole point of that to avoid a conviction?


Some states have diversionary programs where you plead to a lesser offense or the "crime" is withheld until you complete punishment/treatment. So for a first DWI, you might have to plead to reckless driving and attend alcohol-treatment. Many law schools and the Federal government still ask about these because you admitted guilt and thus would have likely been convicted had you went to trial. They are still treated much like a conviction.


The diversionary programs I'm familiar with require you to sign a paper saying you will agree to something or else admit to guilt (ex. community service/counseling/etc.). Once the agreement is completed, as long as you have held your end of the bargain, they dismiss the case and it is not tried in court. It's not really admitting to guilt since the case is "dismissed" and it is not a conviction. In the circumstance you're referring to it makes sense that one would have to check the "yes" box on the application, but in the case I referenced I'm not sure how someone would respond? I just don't see why schools either ask a) if you've been arrested or b) if you've been convicted (with no additional conditions such as having a case expunged or sent to a diversionary). Being somewhere in the middle makes no sense to me.




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