Legal Question in Criminal Law in California

I was charged with NJS 2C:20-4A but i pled not guilty and my case got dismissed. i'm not sure if i should check "Yes" or "No" for following question. Have you ever been convicted of, pled guilty, or pled nolo contendere to any criminal, offense, other than a minor traffic violation in any state, the United States, or a foreign country? Applicants must report any convictions or pleas of nolo contendere even if a subsequent order was issued which expunged or dismissed the criminal record under the provisions of section 1203.4 of the Penal Code. Applications may be denied for knowingly falsifying an application pursuant to section 480(c) of the Business and Professions Code.


Asked on 12/09/10, 8:18 pm

2 Answers from Attorneys
Robert Marshall Law Office of Robert L, Marshall

What's NJS? New Jersey Statutes?

If the case was dismissed without a conviction, and you did not plead guilty or "no contest," then you can truthfully say "no."

However, since you seem somewhat unsure about what happened in the case, you should call the attorney who represented you for clarification.

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Answered on 12/14/10, 8:38 pm
Anthony Roach Law Office of Anthony A. Roach

It depends on why the underlying charges were dismissed. You are not clear on why the charges were dismissed.

If you plead not guilty, but were convicted at trial, and later expunged the conviction (which creates an order of dismissal), then you have to answer "yes" to a question by a State Licensing Board about whether you were convicted.

But if you plead not guilty, and the charges were dismissed by the prosecutor, without a conviction, or were acquitted at a trial, then you answer "no."

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Answered on 12/15/10, 1:19 am


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