What’s the Difference Between an Arrest and a Conviction?

An arrest means that a person was taken into custody and temporarily held by the police. An arrest does not mean that someone broke the law. Several things could happen with an arrest: the prosecutor could decide not to file charges, charges could be filed and later dropped, or the case could go to trial, and the person found “not guilty.” In all of these situations, the individual would have been arrested but not convicted of a crime.

A conviction means either a person was found guilty by a court of law or agreed to plead guilty to a crime. This can apply to either misdemeanors or felonies, and regardless of which type of offense it is, if you are found to be or plead guilty, you are considered to have a conviction. Sometimes a conviction can happen without arrest or jail time. Instead, there may be a fine, probation, restitution, or community service involved.

Depending on the state you live in, it may be ok for the employer to ask about your arrest record. Make sure to do an internet search to check the laws in your area.