clarification of being charged with a crime

If you were picked up for a crime but the charges are dropped by the DA and it never goes to court. Are you considered charged for that crime when later filling out background checks? Also, are you considered charged for that crime for the small time frame before your initial court hearing?

It depends on how far things progressed in the court system.

Your post is not entirely clear on the details. (Which is a problem many people have, so don't feel bad!) Sometimes citations are issued by a police officer, but dropped early and never get into the court records. The way you describe it, it sounds like formal charges were actually filed in court and then dropped. So, yes, you were charged with a crime.

It is possible that just the fact of being charged may create some difficulties for you. However, most background checks I am familiar with report convictions, not charges. This would certainly come up and would need to be explained if you ever applied for a law enforcement or important federal government job, but probably not for most purposes.

Perhaps more importantly, the US is built upon a tradition of "innocent until proven guilty." Unfortunately, people seem ready to jump to conclusions these days. However, I still think that most people who might learn that you were charged but that the District Attorney herself (or himself) voluntarily dropped the charges, would not hold the mere fact of being charged against you.

It would be a good idea to keep copies of all of the papers, particularly the ones which show that the DA dropped the case voluntarily.

I was just picked up this past thursday for felony domestic battery. It was competely ridiculous. I have to fill out U4 form next week for my securities license. In the form they ask if I have ever been charged with a felony. I would like to truthfully say no. My initial court hearing isn't until the 17th. So I was wondering if I have officially been charged.

Does the application say 'charged', or 'convicted'?

Excellent, indeed, crucial question, by Gentle Grace.

The application asks if I have ever been charged. That's why I am wondering if I have actually been charged yet seeing as I haven't even gone to me first court appearence to enter a plea. Because if I haven't been formally charged then I can just go ahead and check off that I've never been charged and I would be telling the truth.

I missed this eariler. If your initial court hearing isn't for several weeks, how do you know the charges are /will be dismissed? If you have a court date, it is safe to assume you have been charged with a crime "officially".

You are not charged at the 'initial court hearing'. You are charged BEFORE you enter a plea. You have been charged and the court date is pending. The determination of if you are charged or not does not hinge on the status of your plea.

I am curious----many jurisdictions have CDV as a misdemeanor charge for the first offense.That may not be the case in your jurisdiction. I am curious as to how you were charged with felony CDV the first charge.......... What is your location, if you don't mind my asking.

From your additional posts it now seems clear that you were arrested, received some sort of paper with a specific reference to a crime, and a court date. I agree with GentleGrace that you were "charged".

Furthermore, unless you were absolutely certain to the contrary, it would be reckless to respond "no" on the form for your securities license. Assuming that this is a federal, not state, securities license, then federal law is implicated. Giving an intentionally false answer is almost certainly a federal crime. If you thought the local police were hard on you, the federal system is usually worse. Many high profile convictions, or near convictions, are based on someone lying in connection with a federal matter. For example, Martha Stewart. Another famous example that didn't quite result in a conviction, for political reasons, is former President Bill Clinton in connection with the Monica Lewinsky investigation.

The SEC is primarily concerned about honesty. You may have to explain the situation further after disclosing it on the securities form, but merely being charged with a crime and then having it dismissed should not be grounds for denial of a license or renewal of a license.