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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 08-20-2009, 02:21 AM
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Join Date: Aug 2009
Posts: 1

Is This Considered An Arrest?


What is the name of your state (only U.S. law)? Arizona

I am applying for a few jobs, and of course there is the question: Have you ever been arrested for, charged with, or convicted of any offense(s)?

I would like to know if I was ever actually arrested, charged with or convicted of a crime stated below:

This is the case information, verbatim from the public access site online:

Count Description Disp. Date Disposition
1 SHOPLIFTING 03/02/2004 COURT DISMISSAL

03/02/2004 MOTION: STATE-TO DISMISS
03/02/2004 DIVERSION: COMPLETED
02/25/2004 MOTION FILED: TO DISMISS
01/08/2004 DIVERSION: ORDERED
01/08/2004 HELD: ARRAIGNMENT
01/08/2004 CAL: ARRM-CRIMINAL
01/02/2004 FILED: COMPLAINT-CITATION D
  #2  
Old 08-20-2009, 02:41 AM
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Location: California
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If you were photographed and fingerprinted, or taken to jail and released, then you were arrested. In any event, you were arraigned, so you appear to have been charged.

- Carl
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And a croissant!"

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Can Stand Before Anyone

....author unknown
  #3  
Old 08-21-2009, 11:20 PM
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Join Date: Jun 2005
Posts: 2,426
Yes, it appears you were arrested and charged, but you were not convicted.

However, some diversion programs require that you plead 'guilty' in order to participate (so you can be immediately sentenced if you fail diversion & have no right to trial).
Your record doesn't reflect a plea. Do you recall if you pled 'no contest' or 'guilty' or whether you were sent directly to diversion ?

Look at your diversion paperwork, or call the courthouse and ask the clerk to check your file and tell you whether you ever pled 'no contest/nolo contendere' or 'guilty'.
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