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

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. Best answer

    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. 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 factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.


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

    Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This response is general information and not legal advice, and does not create an attorney-client relationship. This response should not be relied upon. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm


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


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


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

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