How do I answer the following question: Have you had any conviction dismissed?

Asked over 1 year ago - Los Angeles, CA

I was charged with alcohol - transport / possess open container in motor vehicle . After attending the pre - trial , the prosecuting official dismissed my case , stating , " motion for nolle prosequi is granted and the case is dismissed without prejudice . " So my question is , would I answer " no " or " yes " to the following question : Have you had any conviction dismissed ?

Attorney answers (6)

  1. Jayan Hong

    Contributor Level 9

    7

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    Best Answer
    chosen by asker

    Answered . Assuming you have no other convictions, in this case you were not convicted because the prosecutor dismissed the case, therefore your answer would be no.

  2. Gerald Edward Smith

    Contributor Level 8

    5

    Lawyers agree

    1

    Answered . Your answer should be NO, since you were not convicted, your case was dismissed.

  3. Seth Andrew Weinstein

    Contributor Level 15

    4

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    Answered . Nolle Prosequi is basically Latin for a dismissal. Your case has technically been dismissed, but without prejudice means the state can refile.

    Seth Weinstein, Esq.
    Practicing throughout Southern California
    (310) 707-7131
    www.sethweinsteinlaw.com

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient... more
    Christine C McCall
    Christine C McCall, Administrative Law Lawyer - Pasadena, CA
    Posted over 1 year ago.

    But the question only ask about convictions that have been dismissed, not charges or cases.

  4. Jonathan Neal Portner

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . You were never convicted. The answer therefor is no.

    Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This... more
  5. Brian Russell Michaels

    Contributor Level 16

    3

    Lawyers agree

    Answered . Based on the facts you presented here, you were never convicted of anything.

  6. Gayle Anne-Marie Gutekunst

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . A misdemeanor cannot be refiled once dismissed (unless it's a domestic violence case).

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