How do I answer the question,

UPDATED: Sep 30, 2022

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How do I answer the question,

Convicted for the purposes of this question, includes conviction under appeal, guilty plea, no contest plea, and/or forfeiture of bond. A pending criminal charge for the purposes of this question includes a deferred imposition of sentence and/or deferred prosecution. I was cited for trespassing, however the DA threw out the charge so I was charged but not convicted. I need to answer this question honestly but I don’t want to provide any more information then I need too. Could I answer no on this question?

Asked on October 17, 2016 under Criminal Law, Montana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can answer "no." If a charge was dismissed--"thrown out," as you put it--it was not a conviction, a plea of any kind, or a forfeiture of bond. And if it was dismised, it is no longer "pending," which basically means "upcoming."

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