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I was arrested for possession of marijuana and received the conditional discharge and meet the terms of my probation. However on one of my applications there is this question:
"Have you ever been convicted of a crime other than a minor traffic offense, or are any criminal charges now pending against you? If yes, please submit a full statement of relevant facts.
Convictions shall include: A finding of guilty by a judge or jury, a plea of guilty, or a plea of nolo contendere, irrespective of the pendency or availability of any appeal or application of collateral relief. If 'Yes, explain fully, specifying the nature of the offense(s), the date(s) it/they occurred, the name and location of the court(s) and sentence(s) imposed. Please submit court documentation if appropriate."
Could you give me some insight on how YOU would answer this question if you were in my shoes? My understanding of the conditional discharge is that it is not a conviction but that the arrest still shows. It seems to me that the part that I highlighted would require me to disclose this information.
Also my paperwork after discharge says:
A. The defendant be discharged without court adjudication of guilt
B. That this discharge shall completely exonerate the defendant of any criminal purpose
C. That this discharge shall not affect of of said defendant's civil rights or liberties
D. The defendant shall not be considered to have a criminal conviction
E. This discharge may not be used to disqualify a person in any application for employment or appointment to office in either the public or private sector
Thanks in advance!
"Have you ever been convicted of a crime other than a minor traffic offense, or are any criminal charges now pending against you? If yes, please submit a full statement of relevant facts.
Convictions shall include: A finding of guilty by a judge or jury, a plea of guilty, or a plea of nolo contendere, irrespective of the pendency or availability of any appeal or application of collateral relief. If 'Yes, explain fully, specifying the nature of the offense(s), the date(s) it/they occurred, the name and location of the court(s) and sentence(s) imposed. Please submit court documentation if appropriate."
Could you give me some insight on how YOU would answer this question if you were in my shoes? My understanding of the conditional discharge is that it is not a conviction but that the arrest still shows. It seems to me that the part that I highlighted would require me to disclose this information.
Also my paperwork after discharge says:
A. The defendant be discharged without court adjudication of guilt
B. That this discharge shall completely exonerate the defendant of any criminal purpose
C. That this discharge shall not affect of of said defendant's civil rights or liberties
D. The defendant shall not be considered to have a criminal conviction
E. This discharge may not be used to disqualify a person in any application for employment or appointment to office in either the public or private sector
Thanks in advance!
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