I was the 9th person to choose option 1. Finally, I'm in the majority of some sort.
The nature of the "crime" should also be a factor in this consideration.
For example, many people were prosecuted, but fewer were convicted, of violating the US law Fugitive Slave Act of 1850. That statute made it a criminal act to assist a slave in escaping his slave status. Fortunately conscientious and brave jurors exercised jury nullification and the Act was eventually repealed.
Nonetheless, those who were convicted under that state were convicted felons. But were they really criminals?
I suspect there are far more rapes that go unreported or unprosecuted than there are murders, but who knows?
If one is to believe Juanita Broaddrick's story told on 60 Minutes many years ago, Bill Clinton forced himself upon her, had sex with her against her wishes, in a hotel room in Little Rock when he was running for high office in the state. She did not report it until years later.
If her claims are true, Bro Bill raped her and was never convicted for it. Is he a criminal, not convicted?