Arrest vs Charge vs Conviction: Key Differences

The terms arrest, charge, and conviction have distinct legal meanings. Understanding these differences is important for anyone navigating the criminal justice system.

What Is an Arrest?

An arrest occurs when law enforcement takes a person into custody. An arrest requires probable cause—a reasonable belief that the person committed a crime. Being arrested does not mean you are guilty or that you will be charged with a crime.

What Is a Charge?

A charge is a formal accusation by the prosecutor that a person committed a specific crime. Charges are filed after the prosecutor reviews the case and decides there is sufficient evidence to proceed. A person can be arrested but never charged, or charged without being arrested first.

What Is a Conviction?

A conviction occurs when a person is found guilty of a crime, either by a jury verdict, a judge’s decision in a bench trial, or by pleading guilty. A conviction results in a criminal record and subjects the person to sentencing.

The Importance of These Distinctions

These distinctions matter for several reasons. Arrests may appear on background checks, but charges that are dropped or result in acquittal have different implications than convictions. Employment, housing, and other decisions may be affected differently at each stage.

Record Expungement

In some cases, arrest records or certain conviction records may be eligible for expungement or sealing. The availability and process for expungement varies significantly by jurisdiction and depends on the nature of the offense and outcome of the case.