What to do if I have a case that was nolle pros?

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What to do if I have a case that was nolle pros?

I am applying to take a state exam and it asks if I fall into one of these categories: “Having been convicted of a crime, including a felony, gross misdemeanor or misdemeanor, other than a speeding or parking violation. Being convicted of a crime includes, but is not limited to, being found guilty, pleading guilty, or pleading nolo contendere no contest” OR “Having been arrested or involved in a criminal proceeding, including, but not limited to, a military court-martial, where a finding or verdict of guilty is made or returned but where the adjudication of guilt is withheld, deferred or not entered or the sentence is suspended or stayed or entering into a pretrial diversion activity”. Do I fit these?

Asked on October 3, 2012 under Criminal Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Nolle Pros is Nolle Prosequi which basically is a declination from prosecution.  It is not an adjudication the merits such to prohibit double jeapardy or a full adjudication to be deemed not guilty. You have not been convicted so the first part doesn't apply. As to the second part, that doesn't apply either because the adjudication didn't occur. So neither would apply to you.


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