How do I have a record of conviction for a violationif the sentence was “discharged”?

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How do I have a record of conviction for a violationif the sentence was “discharged”?

I was cited for non-payment of bus fare for a expired bus pass 5 years ago. I was told it was a “fix it” ticket. I appeared before a judge as required with my new bus pass. I was told everything was done. I recently started a new job and a criminal background was ran. This appeared as a conviction with sentence discharged.

Asked on December 4, 2011 under Criminal Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If an action has been discharged, then there can be no conviction to appear on a criminal background check. Likewise, a conviction for a crime cannot be discharged. It can be "expunged". If "expunged" the crime and its conviction for what it is based upon no longer exists.

I suggest that you consult with a criminal defense attorney over what transpired as to the bus fare incident. If the charge was dismissed, then you should seek to have your file "sealed" by court order. If there was a conviction, you should seek to have the conviction "expunged".

 


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