answer application – prefiling deferral CA deferral history, Texas application

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answer application – prefiling deferral CA deferral history, Texas application

I received a prefiling deferral in CA in 2012. In the Criminal History report the
disposition reads no arrest, 484a pc – petty theft, then dispo pros prefiling
deferral and then dispo sussessful prosecutor deferral. I am being asked on a
Texas State application for license Have you ever been arrested? Please confirm
this would be ‘no’. My History says ‘no arrest’ and also that section of CA law
provides that ‘the arrest upon which the deferral occurred shall be deemed not to
have existed’ upon completion of program.
Next question on application Have you ever been charged with a crime but not
arrested? How should I answer this? Was I ever formally ‘charged’? There are
other questions about nolo contendre and deferred adjudication I know those are
a ‘no’. There also, to my knowledge, is no formal ‘court ordered’ probation. It’s
for a professional license so I definitely don’t want to unintentionally lie or be
perceived to lie by the board. TIA

Asked on March 29, 2018 under Criminal Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can truthful answer never arrested, since thatis both what the history says and is provided for in the statute.
You were, however, charged--if you not charged, there would be no criminal history, and 484a - pett theft is a court.


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