Milledgeville, GA asked in Criminal Law and Employment Law for Georgia

Q: I have 2 theft by takings that is on my record from 10 years ago that ended in settlement. Is a settlement a conviction

I am applying to a nursing home as a temp aide and cna training and wanted to know if this could affect me. They both are felonies.

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1 Lawyer Answer
Jermario L Davis
Jermario L Davis
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: The term settlement is generally not used in criminal law. If by settlement you mean plea agreement, then you would have a criminal conviction which I expect your potential employer would consider before hiring you.

Your criminal record is composed of both (1) arrests and (2) convictions. Anytime you are arrested, the arrest is listed on your criminal record.

In order for a "conviction" to be placed on your record, you either have to plead guilty/nolo or be found guilty after a trial. Hence, if you did neither, you should not have a criminal conviction on your record. Likewise, if you handled your case by way of pretrial diversion, you would not have a conviction. Also note that because of the age of your case, even if the charges were dismissed, the arrests may still show on your criminal record. This too could impact your ability to find employment.

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