Shoplifting, Larceny, Robbery, Theft Adjudication/Conviction Question

[Lawdawg1]

Hello,
Many, many years ago a colleague was arrested for Grand Larceny and pleaded no lo contendre, and adjudication of guilt was withheld.
They have to apply for a federal license, and the question specifically states: "Have you ever been convicted of a felony, or any crime, in which the judge could have sentenced you to more than one year...". As best I can tell, Adjudication Withheld is not conviction...THE QUESTION IS: Can they answer the app question re: conviction "no" ?

 

[Michael Wechsler]

Hello,
Many, many years ago a colleague was arrested for Grand Larceny and pleaded no lo contendre, and adjudication of guilt was withheld.
They have to apply for a federal license, and the question specifically states: "Have you ever been convicted of a felony, or any crime, in which the judge could have sentenced you to more than one year...". As best I can tell, Adjudication Withheld is not conviction...THE QUESTION IS: Can they answer the app question re: conviction "no" ?

My understanding is that the answer to that question would be "NO" because the case was never adjudicated (assuming he completed the probation successfully) and thus your colleague was never convicted. The question asks whether you have been convicted of a crime.