If you have been charged with a felony but haven't had a court date yet are you considered a felon? 19 Answers as of May 21, 2013

My boyfriend went to jail to sit out his traffic tickets and after he turned his self in he found out he had a sealed indictment from 2010. He hasn't had a court date set yet but we are trying to get an apartment. Is he still considered a felon even though he has not been convicted? And will this show up when the apartment does the background check? His charge is engaging in organized crime. Will this prevent us from getting a place in his name? Also, I worked at the same place he did in 2010 and I know he is innocent how can we fight the charges?

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The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
The charge will show up on a background search as an arrest, not a conviction. Everyone tells their family they are innocent, but very few actually are so you should ask his lawyer what the evidence is and ignore everything that he tells you since it is not reliable. He might be innocent, but it is still a serious crime and that probably hurt your chances of getting an apartment in big cities where they run background checks.
Answer Applies to: New York
Replied: 11/2/2012
Law office of Robert D. Scott | Robert Scott
You are not considered a felon until you are convicted of a felony offense.
Answer Applies to: Maryland
Replied: 10/27/2012
Miller & Harrison, LLC
Miller & Harrison, LLC | David Harrison
A person is considered a felon once they have been convicted of a felony offense. Just being charged with a felony does not make someone a felon.
Answer Applies to: Colorado
Replied: 10/27/2012
Gary Moore, Attorney at Law
Gary Moore, Attorney at Law | Gary Moore
He is not a felon. He is only charged with an offense, but the arrest will probably come up in a record check.
Answer Applies to: New Jersey
Replied: 10/27/2012
Natty Shafer Law
Natty Shafer Law | Nathaniel Shafer
No, until someone is convicted, they are not a felon. You are innocent until proven guilty.
Answer Applies to: Utah
Replied: 10/27/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    If you are not convicted you are not a felon.
    Answer Applies to: Nevada
    Replied: 10/27/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    No, not until you plead, get convicted or enter an agreement to the felony.
    Answer Applies to: Nebraska
    Replied: 10/27/2012
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend that you begin by retaining an experienced criminal lawyer to fight for you. Also, unless and until a person is convicted of a crime, that person is presumed innocent and can truthfully say that they are not a convicted felon, (as to that offense which they are facing).
    Answer Applies to: Georgia
    Replied: 10/27/2012
    Universal Law Group, Inc. | Francis John Cowhig
    He will not be considered a felon until he is convicted of a felony. It should not appear on any background check until there is a conviction.
    Answer Applies to: California
    Replied: 10/26/2012
    Hamblin Law Office | Sally Hamblin
    Not a felon until convicted. Of the apartment does a criminal background check, the arrest and offense may show up. To have the best defense, you need a good attorney. Regarding not getting an apartment, the landlord may consider the crime. If denied, he will not say out was got that reason.
    Answer Applies to: Michigan
    Replied: 10/26/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    He is not a felon. However, the apartment complex will see the arrest when they run his record. You fight the charges by retaining the right attorney.
    Answer Applies to: Georgia
    Replied: 10/26/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    I'll take your last question first. How do you fight? With the very best attorney you can get. He has been charged with a felony, but he's not a convicted felon at this point. If an application asks about convictions, he hasn't been unless he pleads guilty or is found guilty by a jury.
    Answer Applies to: California
    Replied: 10/26/2012
    Gates' Law, PLLC | Thomas E. Gates
    He is not a felon until convinced. However, a background check will show the charges.
    Answer Applies to: Washington
    Replied: 10/26/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    He will not be a felon until CONVICTED of the charges. Just because he was charged does not make him a felon. You can get a lawyer and fight the charges.
    Answer Applies to: Michigan
    Replied: 10/26/2012
    Mary W Craig P.C. | Mary W Craig
    You are not a felon until you are convicted. Until then, you are just charged with a felony.
    Answer Applies to: Alabama
    Replied: 10/26/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    No.
    Answer Applies to: Washington
    Replied: 5/21/2013
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    He is NOT a felon unless he is convicted of being one. Everyone is innocent until proven guilty in a court of law.
    Answer Applies to: New York
    Replied: 10/25/2012
    Reza Athari & Associates, PLLC | Seth L. Reszko
    If your boyfriend has not been convicted then he can state that he has no felony record. He might have to acknowledge if asked that he was arrested. Otherwise, he doesn't have to state he is a felon.
    Answer Applies to: Nevada
    Replied: 10/25/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Felon = convicted of a felony.
    Answer Applies to: California
    Replied: 10/25/2012
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