Convicted vs Charged – Legal Definitions, Differences & Implications

According to the Bureau of Justice Statistics, nearly 70 million Americans have some type of criminal record, many of which stem from arrests that did not lead to convictions.

This statistic highlights the critical importance of understanding the difference between being charged with a crime and being convicted of a crime.

Although the terms may sound similar or even synonymous, they occupy distinct positions in the criminal justice process. A charge is an allegation, while a conviction is a legal finding of guilt. One speaks to suspicion; the other confirms legal responsibility.

What Does “Charged” Mean in U.S. Law?

To be charged means that a formal legal accusation has been made against an individual by a prosecutor or a grand jury, based on evidence suggesting they may have committed a criminal offense.

Charging Can Occur in Two Ways:

1. By a Prosecutor (Information or Complaint):
   After reviewing police reports and evidence, the prosecutor files a criminal complaint or information with the court.
2. By a Grand Jury (Indictment):
   In felony cases, especially federal crimes, a grand jury may return an indictment, formally accusing someone of a crime.

Key Features of Being Charged:

• Presumption of Innocence remains intact.
• The individual has not yet been found guilty.
• Legal proceedings, such as arraignment, bail hearings, and trial, are still pending.
• The burden is on the state to prove guilt beyond a reasonable doubt.

Example:

A person arrested for theft may be charged with larceny under a state penal code (e.g., Penal Code § 484 in California), but that doesn’t mean they committed the crime or will be found guilty in court.

What Does “Convicted” Mean in U.S. Law?

A conviction is the result of a criminal trial or guilty plea where a person is found legally guilty of the charges filed against them.

A Person Can Be Convicted By:

1. Jury Trial Verdict
2. Bench Trial Verdict (Judge only)
3. Plea of Guilty or No Contest (Nolo Contendere)

Once convicted, the individual loses the presumption of innocence and is subject to sentencing under the law.

Key Features of Being Convicted:

• Establishes criminal liability.
• Results in criminal penalties (e.g., imprisonment, fines, probation).
• Appears on criminal background checks.
• May result in loss of civil rights (e.g., voting, gun ownership, jury service).

Example:

If the person charged with larceny pleads guilty or is found guilty at trial, they are convicted of theft, which becomes part of their criminal record.

Learn More: Felon in Possession of a Firearm: Laws & Penalties

Legal Process: From Charge to Conviction

Here is how the typical criminal case timeline unfolds in the U.S.:

1. Investigation:
   Law enforcement investigates a crime.
2. Arrest:
   A suspect is arrested if there’s probable cause.
3. Charge Filed:
   Prosecutor or grand jury files charges.
4. Arraignment:
   The accused is formally informed of charges and enters a plea.
5. Pre-Trial Proceedings:
   Includes bail hearings, discovery, and motions.
6. Trial or Plea Bargain:
   Case proceeds to trial, or the defendant may plead guilty.
7. Conviction or Acquittal:
   If found guilty or pleads guilty, they are convicted.

Difference Between Charged and Convicted

Can You Be Charged Without Being Convicted?

Yes. Being charged does not guarantee a conviction. In fact, millions of criminal charges each year are dismissed, downgraded, or result in acquittals.

Common Reasons Charges Don’t Lead to Conviction:

• Insufficient evidence
• Illegal search and seizure
• Witnesses recanting testimony
• Plea bargains to lesser offenses
• Prosecutorial discretion

Example:
In 2022, in New York State, over 28% of felony charges were either dismissed or resolved with non-conviction outcomes.

How Do These Terms Affect Background Checks?

If You Were Charged (But Not Convicted):

• Charges may appear on certain background checks, especially federal or fingerprint-based screenings.
• Employers may see pending or dismissed charges depending on the state.
• In California, dismissed charges cannot be considered in hiring decisions under Labor Code §432.7.

If You Were Convicted:

• Convictions almost always appear on background checks.
• Felony and misdemeanor convictions can disqualify candidates from jobs in education, healthcare, law enforcement, and government.
• Convictions can also affect immigration status, child custody rights, and professional licenses.

How It Affects Employment, Housing, and Civil Rights?

Employment:

• Convictions: Employers can lawfully deny employment based on certain convictions.
• Charges: Many states prohibit considering arrests or charges that didn’t lead to conviction.

Housing:

• Landlords may deny applications based on criminal convictions.
• In some states (e.g., Illinois), housing providers must perform individualized assessments before denying housing.

Civil Rights:

• Convicted felons may lose:
  • The right to vote (varies by state)
  • The right to possess firearms (under federal law and many state laws)
  • Eligibility for public benefits or financial aid

Can You Expunge a Conviction?

Expungement is a legal process that can seal or erase criminal records from public access. However:

• Charges that didn’t result in conviction are often eligible for immediate expungement.
• Convictions may be eligible after a waiting period and meeting certain criteria.

Each state has different rules, eligibility criteria, and waiting periods. For instance:

• California: Certain misdemeanors and felonies can be expunged after completion of probation.
• Texas: Only some convictions are eligible, and sealing may be limited.
• New York: Allows sealing of up to two convictions after 10 crime-free years.

Key Differences

• A charge is merely an accusation – not proof of guilt.
• A conviction confirms legal guilt – with real, lasting consequences.
• Charges may go away. Convictions typically don’t, unless expunged.
• Legal, social, and civil consequences intensify after a conviction.
• Knowing the difference is crucial for understanding your rights and legal status.

Final Thoughts

Being charged is a temporary legal status; being convicted is a lasting legal judgment. The two should never be confused.

If you or someone you know is facing criminal charges, get legal advice immediately. The difference between a charge dismissed and a permanent conviction can be life-changing.

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