Is a conditional discharge a conviction?

UPDATED: Jun 30, 2012

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Is a conditional discharge a conviction?

I am trying to figure out what would be the best way to answer the question “Have you ever been convicted of any crimes?” on employment applications. I was arrested twice 2 years ago for 6th degree larceny. Recently I applied for a job and they did a background check, and this is what the copy of the report said Count 1 Final charge LARCENY Final Type Misdemeanor Final Class 6TH Disposition GUILTY Comments 90 DAYS JAIL, SUSPENDED 1 YEAR PROBATION CONDITIONAL DISCHARGE. It says this same thing for both counts. I remember paying a couple of hefty fines to the court. How do I know if I’ve been “convicted” or not?

Asked on June 30, 2012 under Criminal Law, Connecticut


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Regardless of which state you live in, reading a criminal history report is often cryptic.  The best way to know if you have been convicted or not is to get a copy of the final orders that you pled to and the discharge papers.  These will determine the answer to your question-- regardless of what is reported on your criminal history.  Your next step is to take the report referred to in your question and the court documents to a criminal attorney in your state.  They can compare the two and decide if (1) you have been convicted or if your case was dismissed per completion of the probation and then (2) whether or not your history is being reported correctly.  If your history is not being reported correctly, state agencies usually have procedures for reporting issues and requesting their correction. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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