withheld adjudication = conviction?

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LawSchoolOrBust55
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withheld adjudication = conviction?

Postby LawSchoolOrBust55 » Tue Dec 04, 2007 11:05 pm

While most schools ask for all arrests, charges, detentions, convictions, etc., some are less comprehensive with this question and only ask for convictions.

I was charged with underage drinking when I was 18 years old and plead no contest. The court withheld adjudication of guilt.

While I am reporting my arrest and charge to the schools that ask for it, am I correct in thinking that a plea of no contest and withholding of adjudication does not satisfy the burden of conviction, meaning I don't have to report it to the schools with the narrow line of questioning?

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kn6542
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Postby kn6542 » Tue Dec 04, 2007 11:09 pm

A deferred adjudication, if that's what you had, isn't a conviction.

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normalien
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Postby normalien » Tue Dec 04, 2007 11:10 pm

conviction = conviction

if no conviction, then no conviction

thus no conviction

thus no.

LawSchoolOrBust55
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Postby LawSchoolOrBust55 » Tue Dec 04, 2007 11:12 pm

A deferred adjudication, if that's what you had, isn't a conviction.


I went to the courthouse and paid for copies of the official paperwork as I began the admissions process to be sure. The paper detailing the disposition of my case is titled "ORDER OF WITHHOLDING OF ADJUDICATION" and says "The Court withholds adjudication of guilt on said charge."

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normalien
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Postby normalien » Tue Dec 04, 2007 11:13 pm

thus no

LawSchoolOrBust55
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Postby LawSchoolOrBust55 » Tue Dec 04, 2007 11:14 pm

conviction = conviction

if no conviction, then no conviction

thus no conviction


I'm aware of that, although in some cases a plea of no contest registers as a conviction on a record. I think I get around this because of the withholding of adjudication, but still, that is why I am asking.

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kn6542
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Postby kn6542 » Tue Dec 04, 2007 11:14 pm

Call the court clerk and ask if that is a conviction.

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normalien
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Postby normalien » Tue Dec 04, 2007 11:18 pm

I'm aware of that, although in some cases a plea of no contest registers as a conviction on a record. I think I get around this because of the withholding of adjudication, but still, that is why I am asking.


fair enough

LawSchoolOrBust55
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Postby LawSchoolOrBust55 » Tue Dec 04, 2007 11:19 pm

No deferral period. It was adjudication withheld and that was it. I paid $156 in court costs and it was over with.

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kn6542
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Postby kn6542 » Tue Dec 04, 2007 11:21 pm

The no contest plea has nothing to do with it. A disposition of "Adjudication withheld" can occur with a plea of guilty.

I suspect that adjudication withheld is the same or similar to non-adjudication or a deferred adjudication. You might not have had to DO anything during a deferral period, but I would think there would have been one.

Like I said, call the clerk. Or if you are in school and have access to student funded legal services, just go ask one of the lawyers there.

yanks26dmb
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Postby yanks26dmb » Wed Dec 05, 2007 11:44 am

Id be curious as to what comes of your conversation with that clerk...I have adjud. withheld as well..and have always been told that is NOT a conviction....it would have been a conviction if I had screwed up when I was on probation....

so if you wouldnt mind posting what they say, im sure a lot of people would appreciate it.

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JDO
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Re: withheld adjudication = conviction?

Postby JDO » Fri Feb 19, 2010 4:45 am

Hello Yanks,

I was advised by the public defender that helped me out when I was a kid that minors under the age of 18 cannot be "convicted." Rather, they are "adjudicated."

She also told me that a minor in possession of alcohol inside a vehicle is not a serious misdemeanor... for the record.




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