When facing criminal charges, a plea of no contest can be an appealing option, as it allows the defendant to avoid admitting guilt while still accepting punishment. However, even though a no contest plea means that there is no admission of guilt, it can still have consequences on one’s criminal record. In this blog post, we will explore how long a no contest plea stays on your record.
Firstly, it is important to understand what a no contest plea means. When a defendant enters a no contest plea, they are essentially saying that they do not contest the charges against them, but they are not admitting guilt. Therefore, a no contest plea has the same legal effect as a guilty plea in terms of the defendant being sentenced, but the defendant avoids the potential admission of guilt which could be used against them in a civil lawsuit.
When it comes to how long a no contest plea stays on one’s record, it ultimately depends on the state in which the crime was committed. In some states, a no contest plea will result in a criminal conviction and will remain on one’s record permanently. However, in other states, a no contest plea may not result in a criminal conviction at all.
For example, in California, a no contest plea results in a criminal conviction, and as such, it will stay on one’s record permanently. However, in New York, a no contest plea is not considered a guilty plea and therefore does not result in a criminal conviction. As a result, a no contest plea in New York will not show up on a criminal background check.
In states where a no contest plea does result in a criminal conviction, it is possible to have the conviction expunged or sealed from one’s record after a certain period of time has passed. Again, the amount of time needed before expungement or sealing is possible varies by state.
For instance, in California, a defendant must wait a minimum of one year after the completion of their sentence before they can apply for expungement. If the defendant was convicted of a felony, they must wait until their probation has ended, and if they were sentenced to state prison, they must wait until they have been released and completed their parole. If the expungement is granted, the conviction will be removed from the defendant’s record but will still be visible to certain individuals, such as law enforcement agencies.
Similarly, in Florida, a defendant can apply to have their criminal record expunged or sealed after a certain period of time has passed. However, the waiting periods are longer than in California – for example, for a non-violent misdemeanor, the waiting period is 1 year, but for a felony it is 5 years.
It is important to note that even if a no contest plea is expunged or sealed from one’s record, there are still situations where the conviction may need to be disclosed. For instance, if the defendant is applying for a job with a law enforcement agency or government agency, they may be required to disclose any criminal history, even if it has been expunged or sealed.
In conclusion, how long a no contest plea stays on one’s record depends on the state in which the crime was committed. In some states, a no contest plea will stay on one’s record permanently, while in others, it may not result in a criminal conviction at all. Even if a no contest plea can be expunged or sealed from one’s record, there are certain situations where the conviction may need to be disclosed. As such, it is important to consult with an attorney to fully understand the potential consequences of entering a no contest plea.