Legal Question in DUI Law in Massachusetts

Yes, it is very similar. In essence, you plead to sufficient facts that a jury could find you guilty. You should be honest because they will do a record check on you and if you do not check that box and they find out about it you will not get the job.

While I recognize the similarities between the two options, they are not the same, and I'm not sure that I agree with Attorney Hennessey completely on this issue. For example, in "continued without a finding" (CWOF), the defendant is pleading not guilty, even though admitting to sufficient facts that could have permitted a guilty finding. In nolo contendere, however, the defendant is no longer pleading not guilty, and nolo contendere is treated under the law instead as akin to pleading guilty. While there are a lot of similarities between the two options, there is one critical difference in that CWOF requires that you admit to sufficient facts, without ever conceding that you are guilty on those facts as a matter of law. Nolo contendere, on the other hand, has you admitting to sufficient facts, AND also has you conceding "no contest" as to your guilt as a matter of law. The difference is subtle, but significant nonetheless. As a result, because the question presented to you is very narrowly written and asks only if you plead nolo contendere, I think technically speaking that the correct answer is no. On the other hand, I think Attorney Hennessey is correct that they will probably check your record and find your CWOF. If they understand and appreciate the difference between these two pleading options, you should be fine. If they don't, however, I agree with Attorney Hennessey that you will not get the job. Ultimately, the choice about how you want to proceed is going to be up to you. Good luck.