If I received misdemeanor probation after being charged with a felony, will employers think I was convicted of the felony or misdemeanor?

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If I received misdemeanor probation after being charged with a felony, will employers think I was convicted of the felony or misdemeanor?

I was charged with 3 felonies but pled guilty to a petty theft misdemeanor and received probation. I am confused as to whether I should answer yes to being convicted of a felony or not. If I plead guilty to the misdemeanor, does that mean the felonies are no longer relevant?

Asked on February 15, 2011 under Criminal Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You were not convicted of a felony so you can answer truthfully when asked that question if you check "no."  You were arrested and charged but ultimately you were not convicted if you pled to a lesser charge.  I would, though, look in to your ability to expunge or erase your record of the arrest and the ultimate charge.  You probably have a right to do so since it is not a felony.  Ask your criminal defense attorney or another defense attorney in your area on the matter.  By taking the steps to expunge the matter completely you will be able to avoid those questions in their entirety and your background check will come up clean (make sure to run one on yourself once the expungement is completed just to be sure).


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