A formal declaration that someone is guilty of a criminal offence, made by the verdict of a jury or the decision of a judge in a court of law.
A finding by a judge or jury that the defendant is guilty of a crime.
- A firmly held belief.
- A judgement of guilt in a court of law.
- The state of being found or proved guilty.
- The state of being convinced.
n. the result of a criminal trial in which the defendant has been found guilty of a crime.
A conviction is the ruling judgement of guilt against a defendant. After the conviction, the court or jury will sentence the defendant according to the sentencing guidelines. After a conviction, the defendant may be given a sentence including fines, prison, or other criminal reparations. In civil cases, if the defendant loses their civil case, they are required to pay money to compensate the victim for their injuries. Expenses which the defendant must pay may include medical costs, pain and suffering, lost wages, and death benefits to surviving beneficiaries.
Prior to a conviction, both parties in a case (the defendant and the plaintiff) have the opportunity to provide their evidence to the court. For criminal cases, the state must prove their case beyond a reasonable doubt to get a conviction, while civil cases have a much lower bar, which is generally through a preponderance of evidence.
The civil and criminal trials must be conducted in a way that meets the legal guidelines for a conviction to stand. If the legal guidelines are not followed during the criminal and civil cases, the defendant, even if they are convicted, may make an appeal to a higher court.
A conviction is a legal term that refers to a formal declaration by a court that someone is guilty of a criminal offence.
An arrest occurs when a person is taken into custody by law enforcement, while a conviction is the result of a trial or plea agreement where the person is found guilty of a crime.
In some cases, a conviction can be expunged or sealed, which means it is removed from your criminal record. However, eligibility for expungement varies depending on the jurisdiction and the nature of the offence.
Convictions generally stay on your criminal record indefinitely unless they are expunged or sealed. However, some jurisdictions may have specific laws that allow for the automatic removal of certain convictions after a certain period of time.
Yes, a conviction can have a significant impact on your employment prospects. Many employers conduct background checks, and a criminal record may make it more difficult to secure certain jobs, especially those that require trust or involve working with vulnerable populations.
Yes, a conviction can affect your ability to obtain housing. Landlords often conduct background checks, and a criminal record may make it more challenging to rent a property, particularly in competitive rental markets.
Yes, a conviction can be overturned or appealed if there are legal grounds to challenge the verdict or the sentencing. However, the process and requirements for appealing a conviction vary depending on the jurisdiction and the specific circumstances of the case.
Yes, a prior conviction can be used against you in future legal proceedings, particularly if it is relevant to the current case or if it demonstrates a pattern of criminal behaviour. However, the admissibility of prior convictions as evidence depends on various factors and the rules of evidence in the jurisdiction.
Yes, the executive branch of government—typically the governor or the president, depending on the jurisdiction—can pardon a conviction. A pardon is an official forgiveness of the crime and may restore certain rights and privileges that were lost due to the conviction.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 9th April, 2024.
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