"Continuation without a finding" = Texas conviction?

[AKC322]

I had a couple of unfortunate episodes with a woman in Massachusetts 9-10 years ago. Only criminal involvement in my life, before or after. Charges of domestic assault and violation of a restraining order. Both were "continued without a finding" in Massachusetts. Massachusetts does not consider this disposition to constitute a "conviction." I have disclosed these events on my application to the best of my recollection. Will I be OK?

[MoJo]

If Mass. doesn't consider it a conviction I don't think Texas will. The domestic violence charge may give you a problem. I would consult an attorney.

[WildBill]

If Mass. doesn't consider it a conviction I don't think Texas will. The domestic violence charge may give you a problem. I would consult an attorney.

The language "continued without a finding" doesn't sound good to me. It sounds like the restraining orders are still in effect. Since you have already sent them in to DPS, you will probably have to wait and see. IANAL, but if the DPS rejects your application you might want to talk to someone who is.

[baldeagle]

Rather than speculate, why not look it up.

What is a CWOF in a Criminal Proceeding?

Under Massachusetts Criminal Laws, agreeing to a Continuance without a Finding is not the same as pleading guilty. Technically, it is an admission that "there are sufficient facts to find you guilty" of the charges. Pleading to a CWOF will happen at a pre-trial conference as part of a plea agreement, if your attorney can get the prosecutor to agree.

A continuance without a finding is also sometimes called a continuation without a finding, or a CWOF (pronounced "quaff"). It is similar to a nolo contendere, or no contest plea in other states. A continuance plea may be available to you in Massachusetts Criminal Courts if you are facing misdemeanor charges for drug or marijuana possession charges, assault, 1st offense OUI charges, many driving charges such as operating on a suspended license or without a license or insurance, reckless driving / operating to endanger, and other misdemeanor first offense MA criminal charges.
Why Agree to a CWOF?

If your case is continued without a finding, it can help you in cases where a finding of guilty would cause you problems in your career or educational opportunities. Some job applications ask you if you've ever been found guilty of a crime, and you can honestly answer "no". A guilty plea vs. a cwof may make a difference for certain law enforcement careers, security clearances, the right to own certain firearms, eligibility for certain scholarships or financial aid, or many other reasons.

A CWOF will not make any difference vs. a guilty plea if you are found guilty of the same offense in the future. It will stay on your record, and will absolutely be used against you in the future if you are charged with a second offense.

[WildBill]

Reading Baldeagle's post it sounds like the Massachusetts equivalent of deferred adjudication.

[baldeagle]

Reading Baldeagle's post it sounds like the Massachusetts equivalent of deferred adjudication.

The reason I didn't express an opinion about it is because I'm not certain. If you plead nolo contendere, isn't that a conviction in Texas? I'm confused.

[AKC322]

There are no restraining orders in effect, and haven't been for at least eight years. There is no plea of guilty or nolo contendre in the CWOF process. Basically, one admits that the facts, if true, could warrant a finding of guilty. It's a device to allow judges to get someone's attention without imposing a "conviction" on them. In this particular case, the factual basis for the charges was very, very slender, but they were brought in a very unfavorable forum. No rational man would take a chance with a jury there simply because the town is full of militant women who would simply assume guilt. And it was Massachusetts. So the CWOF made sense, since the practical effect is being able to state truthfully that one has no conviction. I'm fairly certain that under the federal law I have no conviction, but 411.1711 says that "deferred adjudication" for one of the listed crimes, even if in another state, is a bar for 10 years. I don't know much about deferred adjudication, but I know it is considered a "conviction." Curiously, I could get a carry permit in Massachusetts.

Thanks for your help and insights. I will either sit tight for a couple of years or run it up the flagpole and see what happens.

[baldeagle]

Since you say you've already applied, I would call DPS and ask them for an opinion. The worst thing that could happen is that they tell you that you have to wait for another year and you're out the application fee.

[AKC322]

Thanks, Baldeagle. I got a break on the fee since I'm a veteran, so it wouldn't be too bad even if I have to wait.

[WildBill]

Reading Baldeagle's post it sounds like the Massachusetts equivalent of deferred adjudication.

The reason I didn't express an opinion about it is because I'm not certain. If you plead nolo contendere, isn't that a conviction in Texas? I'm confused.

I meant reading the definition that you posted, not an opinion. Obviously I am not a Massachusetts attorney, so I am not certain either. It just seems that they had a slightly different way of defining and handling the same type of issue. I guess all we can do is wait and see. I wish the OP the best on getting his CHL without delay.

[AKC322]

Just back from fingerprinting. I guess we will see what happens. I do know that I've had a background check or two related to work and there have been no problems. Thank you all for your advice and support. I'll keep you posted.

[Jumping Frog]

If you get rejected, you can always use your Texas training certificate and get a Florida or Arizona non-resident license. It would not be a disqualifier in those states.

[Ameer]

If you get rejected, you can always use your Texas training certificate and get a Florida or Arizona non-resident license. It would not be a disqualifier in those states.

Are you sure about those states?

It looks like feds call CWOF a conviction for immigration http://www.justice.gov/olc/deportationproceedings.pdf" onclick="window.open(this.href);return false; but I don't know if ATF/FBI uses the same rules for Brady. Also http://caselaw.findlaw.com/us-1st-circuit/1301955.html" onclick="window.open(this.href);return false; for CWOF as a conviction.

Has AKC322 passed a Brady NICS since the CWOF? That would be a good sign but not a guarantee.

Good luck.