Will this keep my apartment application from being approved? (see details)?

Question

About 14 months ago, I got arrested on a public lewdness charge. I spent 10 days in jail (simply because they wouldn't let me bail myself out, someone had to come bail me out and well..you know they're not gonna make it convenient to use the phone) It was under deferred adjudication and I paid the fines and did the probation time. I was told that since it was deferred that it would only show up as an arrest and not a conviction.
But I'm wondering if it will show the jail time I spent and if that will keep me from getting the apartment. Also, I didn't have to register as a sex offender or anything, but I'm wondering if this still falls under the category of sex crimes? All I did was make out with someone on campus that led to a little public indecency. It was consentual between 2 adults. It was just in public and we got caught.

Answer 1

more than likely

Answer 2

Hi there;

The circumstances are dependent on whether your potential landlord does an extensive background check.
Usually the background check is for prior leans or attachments or defaults and not for criminal backgrounds. This, of course, also depends on the state you wish to reside in.
Often, there is an area which explains anything that may "look" bad such as a prior arrest record on the rental application form.
You do not say which state you live in and as you do not have any convictions on your record do not worry about the incident. You are not required to disclose any arrests which do not result in a conviction. (Again, depending on the state).
As to the folly which produced this unwanted consequence, chalk it up to a mistake and learn from it. If you really want to put your mind at ease then by all means possible check with the courts where your case was tried and find out what they have on record about you. You do have that right. You may be able to get the charge removed as the circumstances deem appropriate. Good luck friend.

Answer 3

Tough one, some landlords may block your ability to get an apartment and some won't bother, as it was arrest, not charged. Depending on where you are from, I'd contact Tenents and Landlords Association (in BC, that's what its called) or whatever its called in your area to find out your specific rights. In my province, if you are not labelled as a sexual offender (which is reserved for repeat rapists and repeat child molestors) it would be displayed as arrested for public lewdness - without explanation of what that is. The only way (also) for a landlord to know about the arrest is if a criminal record check is carried out and most landlords (at least in my experince) do not carry this out. Most will ask for references - work and personal - and request information on past places you rented, names of past landlords. I wouldn't worry personally about an apt but it will show up when you apply for a passport and depending on the country, that may block your ability to obtain a passport. (at least in my country, it will definitely affect the ability to get a passport) After a certain amount of time, you can request that it be removed from your record - for a sum of money. Might be something to look into in a few years.

Answer 4

no it will show for up to 7 years,even at deferred the best thing to do is to be honest with them and tell them. They may decide to go ahead and let you in,weighing the circumstances. It may not show up as a conviction but accepting deferred adjudication is the same equivalent and will be on your record for a time.Ask the courts to have it expunged if not the best policy is to be upfront

Answer 5

I do not think it would be a problem. Some applications do not even ask about arrests. If they ask, explain that it was a make out between two adults that got out of hand. I'm sure a lot of people have been in that situation!

Answer 6

You said it yourself. You aren't a sex offender. I own my own home and in that comes the flyers of the fact there there are some living near me. Now if they can either own or rent near me then why cant your?! Lots of people have been to jail. Look at all the people who protest and go to jail, I am sure they have rented apts. before. You weren't convicted you were just being stupid lol. I wouldn't worry. I wouldn't offer any info unless asked for it. Need to know basis is my motto :)

Answer 7

As a landlord, if you explained your incident to me like you did, with less wording, I would question it, but would think more of you for bringing this to my attention. Usually, a landlord or apartment manager will run your credit and police record for security and bad credit. Everyone deserves a fair chance, You might want to get a letter of reference from someone, a friend of your family, someone who can vouch for you. I have had circumstances like this, as long as you are honest and straight forward, your chances are good, and pay your rent on time!

Answer 8

It would come out in a background check. If you are denied by the apartment complex, you could honestly explain yourself.

This looks a lot worse on paper than it really sounds.

Answer 9

Most times on any application, it says "have you been convicted of a misdeameanor or felony." Since you said you weren't convicted, it shouldn't matter. Just answer No on that question.

Answer 10

Don't mention it and if it asks.... then skip over the question like you forgot to answer ~ then your application will be honest and you can't be charged for lying about it.



P.S. I really don't think it will matter!

Answer 11

I doubt it. I think they look for drug conviction, burglary, rape or agg. assault, domestic violence stuff like that. You know, violent crimes. Not crimes of campus related passion.


*Next time, though, do it in the car somewhere.