James C. Tai, Attorney at Law

These terms are used by USICS when addressing whether a petitioner has a criminal history. Is important to understand the difference.

Arrested -- This means that you were taken in to custody by the police. Once you are taken in to custody, it will be decided if you will be charged with a crime. Someone who is arrested is not necessary charged with a crime. 

Charged -- Once you are in the custody of the police, the prosecutor's office (aka state attorney, district attorney) will decide whether to charge you. If you are charged, you will be given a charging document (sometimes also called complaint or information). This charging document will state exactly what crimes (charges) you are facing.

Sentenced -- Being sentenced means that the "punishment" you got when you admitted (pled) you are "guilty" or when the judge/jury decided you were "guilty". If you were placed in jail/prison, probation, community service, or mandatory classes, you were sentenced.

Alternative Sentencing -- Sometimes called "differed sentencing". A court may require you to satisfy certain conditions (such as community service, classes, etc) in exchange for a dismissal.

For most petitions and applications, you will need to submit additional evidence/documents if you have been arrested, charged, sentenced, or been placed in alternative sentencing. You will want to include a "charging document" (sometimes also called a complaint, information, or traffic citation), final orders (ie what happened in the case, and some documentation that you completed any sentencing (sometimes called final disposition). Different counties, cities, and states use different terminology for the foregoing, so it is important to describe to the clerk what you are looking for.

If you have lived in different places around the U.S., it is advisable to do a national criminal history check on yourself. These are available online for a small fee. Once you have this report, which will usually include case numbers, you will then call each court clerk individually to get a copy of the file.