Does pleading 'No Contest' to a Misdemeanor crime really mean that you were, in fact, convicted of the crime?

Asked over 4 years ago - Atlanta, GA

Per the advice of my attorney, I pled No Contest to my 1st DUI and was given probation and a fine.
Since the arrest, I have filled out numerous job applications and most of them ask if you have been CONVICTED of any misdemeanor crime. So, due to the wording of the application, must I divulge my past?
The real question is, if I pled No Contest to a crime and was given probation/fine, does this mean in fact I was convicted of the crime, just merely without an admission of guilt? How is pleading Guilty different than pleading No Contest?

Thank you!

Attorney answers (4)

  1. Phillip Darrell Kimbrell

    Contributor Level 15

    Answered . Sorry you are receiving answers from attorneys who are not licesned in Georgia and lack the background to properly advise you. In Georgia, DUI is a crime and it is a misdemeanor offense. The fact that you pled Nolo Contendere or "no contest" does not change the fact that you were convicted of DUI. The "no contest" plea does not prevent you from being convicted. In fact, the only benefit to a no contest plea comes in a civil forum in the event you were sued for damages resulting from the DUI arrest.

  2. Justin Spizman

    Pro

    Contributor Level 13

    Answered . To answer your question, pleading "No Lo" to a first DUI is still considered a guilty conviction. While pleading "No Lo" is essentially not admitting guilt, it does subject you to conviction.

    Unfortunately, when responding to your applications, you should state you have been convicted of a DUI because under Georgia law, you have been.

  3. Adam S Malamut

    Pro

    Contributor Level 10

    Answered . While I do not practice in your State, and would recommend seeking counsel in your State, pleading No Contest is merely acknoweldging that the State has enough evidence to convict you without you pleading guilty. Unfortunately, in terms of your record, it has the same effect. Many states do not consider DUI's to be misdemeanor's. You should consult with a local attorney to find out how it would appear on your record.

    Best of luck!

    Adam S. Malamut, Esq.
    www.LMSLAW3.com
    877-LMS-LAW3

  4. John M. Kaman

    Pro

    Contributor Level 20

    Answered . Most states treat a no contest plea as a guilty plea. The advantage of doing one in CA anyway is that a no contest plea cannot be used against you in civil proceedings whereas a guilty plea can. This could be important if whatever you pled to involved damages beyond ordinary restitution.

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