of a felony or misdemeanor. I was arrested for possesion of marijuana and parapharnelia, I plead no contest and got withheld adjudication. Do I need to count these charges as a conviction? I live in the state of Florida. Please help. Thanks
2006-11-08 01:43:23 · 7 answers · asked by Gametime1181 1 in Politics & Government ➔ Law & Ethics
I am informed that this is not a conviction, but that the offense will show up on a background check for what it is, i.e., with the notation that adjudication was withheld.
Here's a more complete explanation, from http://www.lawyers.com/ask_a_lawyer/q_and_a_archive/view_archive/index.php?QID=21-APR-05&site=537
"Q. What is "Non-Adjudication? If on probation under this terminology, what happens when taken off probation?
"-- Anonymous"
"A.
"Non-adjudication refers to a disposition of a criminal case in which no final judgment is entered. It is the same as a withheld adjudication. In some states you are required to admit your guilt to obtain this disposition.
"Either way, you will be given a specific period of time to complete a probation or community service program. There will be conditions attached, for example, you cannot commit another crime and you must pay supervision fees, and perhaps restitution. If your offense involved drugs, you may have to submit to random urinalysis.
"At the end of the time period, if you are in compliance with all of the Court's terms, any guilty plea you entered will be withdrawn and the case against you will be dismissed. You will not have a record of conviction. If you did not enter a guilty plea, the case is simply dismissed.
"In Florida, where you are from, a non-adjudication can occur either with or without a finding of guilt. The Court will consider the likelihood that you will reoffend, along with the welfare of the community, and then either find you to be guilty or withhold the adjudication of guilt. Either way, it will not impose a sentence but place you on probation.
"If you are required to admit your guilt, and you subsequently are found guilty of another crime, a withheld adjudication will count as a prior conviction when the Florida court determines your sentencing guidelines. Thus, it is better to obtain a disposition of your case that does not require you to admit your guilt, if possible."
2006-11-08 01:51:53 · answer #1 · answered by Anonymous · 1⤊ 0⤋
You left out some important info, such as "how much weight"and how old you were at the time. Withheld adjudication sounds like what we call in New York "Adjoirned Contemplating Dismissal" or ACD. It is not technically a conviction but may appear on a criminal background check. You are caught in a Catch 22 situation. If you fail to tell WaMu about it and it comes up you lied on your application and they can reject you. If you tell them you were arrested for "Drugs" they could reject you. Go to a lawyer and ask him to apply to have your record "expudged".....If it was a Juvenile issue it should not appear on your record.
2006-11-08 02:05:33 · answer #2 · answered by Tom M 3 · 0⤊ 0⤋
It sounds like they simply don't have it worded good. you have never been convicted of a criminal, and that they did no longer even point out misdemeanors, so placed "No." If this is this kind of economic employer that does historic past tests, and you get to the place they have interviewed you and prefer to hire you, you may menion it then, to HR or the risk-free practices human beings. you do no longer ought to. they're going to locate it and that they could ask you approximately it, yet you at the instant are not mendacity in any way.
2016-10-15 12:48:14 · answer #3 · answered by ? 4 · 0⤊ 0⤋
No contest is the same as a guilty plea but they can't hold anything you say against you in the event a civil suit is brought from the criminal suit. You are guilty. Do with that information on your application as you see fit.
2006-11-08 01:57:26 · answer #4 · answered by Zelda 6 · 0⤊ 0⤋
They shouldn't hold anything against you as they are crooks themselves.When they bought out my credit card company,they raised my interest rate so high I couldn't make the payments,and I had a good payment record with my previous company.Sorry,just had to say it.
2006-11-08 02:05:37 · answer #5 · answered by stellablue1959 5 · 0⤊ 0⤋
I would tell them just in case. Always be up front. What would be worse is if they hired you and found this out, and had to fire you for lying on your application.
2006-11-08 02:09:09 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Yes, if they do a backround check (and most companies will) it will be revealed anyway.
2006-11-08 01:51:14 · answer #7 · answered by tw0cl0n3m3 6 · 0⤊ 0⤋