nolle prosequi

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jjames
Posts: 13
Joined: Mon Oct 18, 2010 10:33 pm

nolle prosequi

Postby jjames » Tue Oct 19, 2010 7:08 pm

I am very confused as to how I should answer the question below. I was charged w/ DUI and entered into a pre-trial diversion program. I never entered a plea becuase I was immediatly entered into this program, but my papers say "nolle prosequi."
Here is the question....

Have you ever been convicted, pled guilty, or nolo contendere to any crime (including DUI or DWI) other than a minor traffic offense?
You are not required to report any arrest or conviction for acts committed for which the record has been expunged or sealed, or any arrest or conviction for which you received a pardon. However, be aware that these arrests or convictions may have to be reported to the state bar committees.


Thanks for any help!

JJDancer
Posts: 1564
Joined: Sun Jul 26, 2009 7:41 pm

Re: nolle prosequi

Postby JJDancer » Tue Oct 19, 2010 8:15 pm

Are you sure you didn't enter a plea? Some pretrial diversion programs are offered after pleading guilty/no contest (nolo contendere). But they allow you to have the record expunged (not sure if this is automatic though).

But nolle prosequi means they dropped the case/didn't prosecute so you definitely weren't convicted but I'm not sure about how you plead.

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vamedic03
Posts: 1579
Joined: Mon Sep 29, 2008 9:50 am

Re: nolle prosequi

Postby vamedic03 » Tue Oct 19, 2010 9:05 pm

jjames wrote:I am very confused as to how I should answer the question below. I was charged w/ DUI and entered into a pre-trial diversion program. I never entered a plea becuase I was immediatly entered into this program, but my papers say "nolle prosequi."
Here is the question....

Have you ever been convicted, pled guilty, or nolo contendere to any crime (including DUI or DWI) other than a minor traffic offense?
You are not required to report any arrest or conviction for acts committed for which the record has been expunged or sealed, or any arrest or conviction for which you received a pardon. However, be aware that these arrests or convictions may have to be reported to the state bar committees.


Thanks for any help!


Just disclose it and explain the outcome. Disclosing it won't affect admissions but failure to disclose can cause serious problems.

CanadianWolf
Posts: 10439
Joined: Wed Mar 24, 2010 4:54 pm

Re: nolle prosequi

Postby CanadianWolf » Tue Oct 19, 2010 9:07 pm

Disclose.

JJDancer
Posts: 1564
Joined: Sun Jul 26, 2009 7:41 pm

Re: nolle prosequi

Postby JJDancer » Tue Oct 19, 2010 9:43 pm

vamedic03 wrote:Just disclose it and explain the outcome. Disclosing it won't affect admissions but failure to disclose can cause serious problems.

True. Diversion programs usually include counseling etc so you can probably mention that it was your first offense of any kind, you were offered diversion and the case was nolle pros-ed, you learned x,y,z from completing diversion and have since made better driving decisions or whatever.

Renzo
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Joined: Tue Dec 02, 2008 3:23 am

Re: nolle prosequi

Postby Renzo » Tue Oct 19, 2010 9:49 pm

Call the school and see if they want you to report the diversion. It doesn't seem to be required, but its always safer to disclose.

jjames
Posts: 13
Joined: Mon Oct 18, 2010 10:33 pm

Re: nolle prosequi

Postby jjames » Tue Oct 19, 2010 10:25 pm

Thanks for all of the replies.
JJDancer: Yes I am sure that I did not enter a plea.

I am going to disclose and not take any chances with the schools thinking that I am being dishonest.

This is what I have so far for the addendum. Any thoughts or suggestions would be greatly apperciated!

In July 2009, I was arrested and charged with driving under the influence. I was admitted into the Pre-Trial Diversion program as this was my first encounter with the law. Once I complete this program in November 2010, my record will be sealed and expunged. While in the Diversion program, I attended “AA” meetings, completed DUI and Victim Awareness School, and performed community service.
The decision I made which lead to my arrest on this night was poor and this incident was a deviation from my usual behavior. I learned many valuable lessons about responsibility and maturity through this experience. I have shared these lessons by volunteering at alcohol free events in my community. I am confident that this behavior will never be repeated.




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