Legal Question in Criminal Law in Massachusetts
Is probation without a plea considered a conviction?
Is receiving 6 month of unsupervised probation in a case in which no plea was entered considered a conviction in Massachusetts?
I was charged with misdemeanor assault and battery. It never went to trial and I guess my lawyer worked out a deal with prosecutors and the judge. I never got to enter a plea or anything and all they gave me was probation and I had to pay some court fees. They later dropped the charges I guess because the guy I hit didn't appear in court or something. The reason I'm asking is because I'm a permanent legal resident and under immigration laws any person who pleads guilty and is convicted of a crime that is punishable by a year or more in jail could be deported and I also don't want this to affect me when I apply for citizenship. I'm 30 years old and I've had a Green Card since age 3. This experience scared me because I've always considered myself an American and I never gave much thought to becoming naturalized, but now I plan on doing it.
My lawyer told me I can put that I have never been convicted of a crime on job applications. So how is it a conviction?
3 Answers from Attorneys
Re: Is probation without a plea considered a conviction?
You need to ask your lawyer exactly what it was that you agreed to; it is troubling that the exact consequences, immigration and others, were not fully explained to you. If you got pre-trial probation, it will not count as a conviction for immigration purposes. If you got a CWOF (continuance without a finding) then it does count as a conviction for immigration purposes but most likely does not fall under the categories of crimes that make someone removable (deportable). One year in jail must actually be imposed, other categories are aggravated felony, domestic violence, etc. Check the record, ask the clerk or court, or your attorney.
Re: Is probation without a plea considered a conviction?
I assume from the information you've given that you were not required to admit to sufficient facts as part of your resolution of this matter, and that what you received was "pretrial probation," rather than a "continued without a finding" ("CWOF") disposition. If that assumption is correct, then the answer to your question is that your case will not impact your naturalization. On the other hand, if you received a continued without a finding disposition (which would have required that you admit to sufficient facts in open court), then unfortunately it will impact your naturaliztion. The Clerk's Office in the court can confirm whether you received pretrial probation or a CWOF. Feel free to contact me if you have further questions.
Re: Is probation without a plea considered a conviction?
I agree with attorney Davis's answer.
I strongly recommend that you seek counsel from an immigration attorney.
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