Legal Question in Criminal Law in Colorado
Nolo Contendre
I need to know if ''nolo contendre'' means the same thing as ''continued without a finding''. I'm filling out an application that is asking me if I've ever been convicted of a misdemeanor or plead nolo contendre. I was charged with a misdemeanor of shop lifting 5 years ago and it was continued without a finding (nothing happened during the probationary period) so I'm wondering what this leaves me with. What is on my record? is continued without a finding the same and do I have to report it on the application?
Thanks
1 Answer from Attorneys
Re: Nolo Contendre
Continued without a finding is a something that I have not heard of. It sounds like a deferred prosecution - no plea of guilt, but leave case open for a period of time and if certain conditions are met, then dismissed at the end of the period.
More to the point - unless you pled guilty or pled no contest (nolo contendre) and were found guilty by the court, you do not have to put your case on the application.
You may still have some kind of charge on your criminal history due to administrative failures or your lack of petitioning the court to seal the record. If so, the arrest will show up on a background check and may show that it was unresolved. Putting nothing on your application and having the employer find it in your criminal history will likely result in you not getting the job. Sealing records is relatively simple and I usually charge $500.
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