Hi,
let's take some scenrios and my undrestanding of the guidelines:
1) The person is charged but not yet convicted: in this case s/he should not apply until the case gets clear.
2) The person is caught by the police, and they decide to OFFER her/him a fixed penalty rather than referring to the court, because the police feels the offence is not so major. In this case, the person accepts the offer to get free of further prosecution. In this case, the person do not need to declare the offence
3) The offence is serious, or the person doesn't accept the offer, then s/he gets referred to the court and IF convicted, may get penalty. This penalty or fine must be declared until 5 years from the date of conviction. However, it MAY be ignored by the IND, if this is the only conviction, the offence is regulatory/minor and all other circumstances are clear.
This is my undrestanding, but I advise you to contact IND if you're still in doubt.
P