If an application ask Have you been convicted of or plead guilty to or nolo contendere to or no contest to, a felony or misdemea

Asked almost 3 years ago - Palestine, TX

im currently on a deferred adajudication for a third degree felony. when and application ask Have you been convicted of or plead guilty to or nolo contendere to or no contest to, a felony or misdemeanor, including DUI's & DWI's?
how do i answer this question

Attorney answers (2)

  1. Scott Douglas Marquardt

    Contributor Level 14

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    Lawyer agrees

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    Answered . The answer to this question is no. When you receive deferred adjudication, the court specifically suspends the imposition of your plea. This is a legal procedure which although you have done your plea in open court, you legally haven't done the plea. If you finish the period without violating, the court reopens the proceeding and dismisses the charges. No conviction, no charge and no plea.

  2. Robyn Ross

    Contributor Level 3

    1

    Lawyer agrees

    Answered . I agree that you should say no. When you plead guilty or no contest to a charge and receive deferred adjudication, the court has accepted your plea but defers making a finding of guilt. This is different from "straight probation" where the judge accepts the plea and finds the defendant guilty.

    Provided you complete the deferred adjudication successfully, then case is then dismissed. Conversely, if you make enough mistakes on probation you will be brought in for a revocation hearing and the judge has the whole range of punishment at their fingertips. There is always the possibility of the judge adjudicating you, which means your deferred adjudication probation turns into straight probation or prison time, and then you would have to answer "yes" to the above question.

    An employer is going to be able to run your background and see that you were charged with this crime and that it was resolved with probation. My advice to you if they ask you to explain yourself is to say that you were not found guilty of this crime, you are on deferred adjudication for x number of years, after which your case will be dismissed. Depending on what your charge is (if the law allows it to be sealed) you can also say that when the case is dismissed and the statute of limitations has run, you will be sealing your record at which point in time you can legally say the arrest never happened.

    Good luck to you!

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