View Full Version : If my record says non conviction/nolle prosse should I answers yes to the conviction
philly865
Jul 5, 2010, 03:19 PM
My record says non conviction and nolle prosse.should I answer yes to the have you ever been convicted of a crime on th application
KISS
Jul 5, 2010, 03:45 PM
Answer no You were never convicted.
You could be eligible for expungement of the arrest record.
Fr_Chuck
Jul 5, 2010, 04:21 PM
Well I may well disagree, while a nolo plea in and of itself is not admitting guilt, it is telling the court you are not guilty but they have enough evidence to convict you. It is normally done so that you are not admitting guilty if there is a serious chance of a civil law suit, so that they can not
The simple fact is that while you did not admit guilt, and they did not have a trial for a conviction, you accepted the punishment for the crime.
So just the same as pleading guilty, ( you were not convicted but plead guilty) a nolo plea is considered the same as being convicted ( you still get to sit in jail for the crime) only you are not admitting guilt for civil purposes
KISS
Jul 5, 2010, 04:36 PM
I believe this supports my statement: Nolle prosequi - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Nolle_prosequi)
KISS
Jul 5, 2010, 04:49 PM
This Changing Your Criminal Record (http://www.peoples-law.org/criminal/changing_your_criminal_record.htm)
Also supports my statement.
A Nolle Prosequi was entered in your case (This occurs when the prosecutor decides to drop the case either before or during trial. Lawyers commonly refer to this as a “noll pros”); or
If the case was dropped, you were not convicted.
Fr_Chuck
Jul 5, 2010, 05:11 PM
I am sorry, I did confuse the term with nolo contendere
The other term is seldom used, in fact the legal references are that they are almost never used in today's courts
KISS
Jul 5, 2010, 06:12 PM
Wow! You almost never get these kind if questions wrong and I rarely answer them, but I knew this answer.
Fr_Chuck
Jul 5, 2010, 06:21 PM
Took an assumption instead of looking it up. I have never heard of that ever being used, teach me to double check Blacks law dictionary