If a warrant has been issued, doesmean that you have been convicted?

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If a warrant has been issued, doesmean that you have been convicted?

Through a background check I recently found out that I had a warrant issued for my arrest for assault back (03/06). I have not been arrested. Does the outstanding warrant mean I have been convicted? I seeking employment and the application asks if I have been convicted of a crime. Not sure on how to answer this question since I have not been arrested.

Asked on November 5, 2010 under Criminal Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can't be convicted without appearing in court (as a general rule).  When a warrant is issued in a case such as this, it means that you failed to appear in court on the requested date.  At that point a warrant for FTA would have been issued for your arrest. Frankly, I wouldn't be as concerned with how to fill out this job application as I would be in how to clear all of this up.

What you'll have to do now is to turn yourself into the court that issued the warrant.  Since you have not yet been arrested, appearing voluntarily as opposed to appearing before the judge courtesy of the jail bus will be of help.  Retain an attorney in the area where all of this occurred; their local contacts with the court will be valuable negotiating on your behalf.

One thing is for sure, do not ignore this situation. If you are stopped for even something as minor as jaywalking you will be taken into custody.  Even applying for a licens can turn this up.  And as you know from persona; experience, this will all turn up on most employment background checks.


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