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If my case is nolle pros-comp pti, does that mean it is an adjudication withheld?
Anonymous7 views2 answers
I'm being asked whether I've had an adjudication withheld been OR convicted of a crime, and I know I'm not convicted, but is it an adjudication withheld?
No, if a Nolle Pros was filed it means the case is dismissed which is even better then a withhold. If the question is what you posted above, your answer is no. At the same time, if you were arrested, this will pop up on a background check. You may want to either explain the arrest or consult a local Criminal Defense attorney to discuss your options for sealing or expunging the record. Goos luck.
A Nolle Prosequi means that the charges against you were dismissed. It literally means the prosecutor "will not prosecute". A Withhold of Adjudication only applies if you enter a plea to the charge (or are not successful at trial) and you are sentenced, but not convicted of the offense. Most applications that I've seen ask one of three questions. 1) Have you ever been convicted of a crime? 2) Have you ever entered a plea of guilty or no contest to a crime, regardless of adjudication being withheld? 3) Have you ever been arrested? With the facts that you provided, you would be able to answer "no" to questions 1 and 2, but would most likely have to answer "yes" to question 3 unless you are able to get your record sealed or expunged.