A crime is an unlawful act punishable by a state or other authority.The term crime does not, in modern criminal law, have any simple and universally accepted definition, though statutory definitions have been provided for certain purposes.

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Decoding Criminal Case Dispositions

A “disposition” is the final outcome of a case, regardless of what it is called. Here is a list of typical criminal case dispositions.

Guilty or Conviction: This is the worst possible disposition if you are the defendant. It means that the case was heard and decided against you. With a conviction, the court will impose a sentence that may include jail time, probation, and paying a fine and court fees.

Not Guilty: The case actually proceeds to a trial, where a jury (or a judge in certain types of cases) decides that the evidence against the defendant was insufficient for a conviction. It does not mean the defendant was innocent – just that the case was heard and decided in the defendant’s favor.

Dismissal: A dismissal is entered when the court determines that the case should not move forward for some reason. There are many reasons for dismissals. For instance, there can be procedural errors, a lack of proper jurisdiction over the type of case, or the prosecutor decides to dismiss the charges (see below).

Nolle Prosequi or Nolle Prosse: A Latin phrase meaning “no more prosecution.” This is another way of saying that a case is dismissed by the prosecutor. This approach is often used when a defendant may agree to plead guilty to a lesser offense that guarantees the prosecution a conviction for a related offense, in exchange for the prosecutor “dismissing” the more serious charge.

Reporting Disclosed Criminal Convictions

Job applicants often disclose criminal convictions during the application process. It may seem logical that we can include the disclosed record in our background reports. After all, we are simply verifying what the subject already disclosed, right? 

Actually, it’s wrong. The subject’s disclosure of a criminal conviction does not affect our reporting obligations under the federal Fair Credit Reporting Act (FCRA) or similar state laws. Our background reports must always comply with these laws regardless of what is disclosed to us. Under the FCRA, convictions can appear in a report regardless of when they occurred. Most states follow this rule, but several do not. California, Kansas, Maryland, Massachusetts, Montana, New Mexico, New York, New Hampshire, and Washington, all limit the reporting of a criminal conviction to seven years after the conviction occurred. The District of Columbia sets a 10-year reporting limit. 

Arrest record but no charges

Typically, an arrest record will show the date, arresting agency, and the subject’s name (and other identifiers such as DOB and address), without specifying the charge or charges. The reason for this is twofold: (1) until the district attorney (“DA”) files a criminal case, there are no charges; and (2) the charges filed by the DA may be different than the charges on which the arresting officer based the arrest. An “arrest” and “being charged with a crime” are different things (although obviously related).  An “arrest” means that a person is taken into custody because they have been accused either by a warrant or by probable cause of committing a crime. Once in custody, the prosecutor’s office will decide whether the person will be charged with a crime. The person will then be given a charging document (complaint or information) that will state what charges they are facing.

A record will never show that an arrest was “dropped.” At best, you can infer that no charges were filed after an arrest if there is no corresponding court case.

New Jersey Crime Categories

As explained in our previous posts, the most serious offenses are categorized as “felonies” and less serious as “misdemeanors.”  While this is true in nearly every state, there is an exception (of course) and that exception is New Jersey.

In New Jersey, crimes are not categorized as felonies and misdemeanors but as “indictable crimes,” “disorderly person offenses,” and “petty disorderly person offenses.”

According to New Jersey law, indictable offenses are the equivalent of felonies in other states. Courts classify charges into first, second, third, and fourth-degree charges. A first-degree offense is the most serious of all charges. “Indictable” means that a grand jury has found enough evidence against the defendant to make them face trial.

“Disorderly person offenses” and “petty disorderly person offenses” (sometimes referred to as “DP offenses”) are the equivalent of misdemeanors in other states because they are less serious offenses and are punishable by less than one year in jail.

Reporting Disclosed Criminal Records — Non-Convictions

Previously, we emphasized the limitations that several states and the District of Columbia place on reporting criminal convictions even though a job applicant discloses the conviction during the application process. What about limitations on reporting disclosed criminal records that do not result a conviction? Criminal records of non-convictions include: 

  • Arrest record (no charges filed) 
  • Dismissed charges 
  • Not guilty verdicts 
  • Deferred prosecution (no plea entered, and charges dismissed if conditions met) 
  • Nolle prosequi or nolle prosse (not prosecuted) 

Although the federal Fair Credit Reporting Act (FCRA) permits convictions to be reported regardless of when the conviction occurred, the FCRA limits the time for reporting non-convictions. Records of non-convictions are reportable for seven years from the earliest file date for the record and can appear on a background report for seven years. After seven years, the record cannot be reported unless the candidate is or will be earning more than $75k annually.

The FCRA seven-year rule applies in all states except California, Kentucky, New York, and New Mexico. These states prohibit reporting any records non-convictions, regardless of date of the record. California, New York, and New Mexico provide an exception for records of pending criminal cases.