Must You Disclose a Dismissed Criminal Charge When Seeking a Loan Originator License

[vale333]

My question involves criminal law for the state of: Florida

3 years ago I was arrested for shoplifting, the amount was $650 so I was charged with Grand theft 3rd degree/felony. I was put on the Pretrial Intervention Program which has been completed, paid all my fines and everything. I don't have any other arrests or even speeding tickets, just a very stupid mistake. Currently when I pull up my records through public court records my plea shows as NOT GUILTY and the disposition shows as ADMINISTRATIVELY NOLLE PROSSED which I know it means the state its not longer prosecuting me or they dropped the charges/dismissed and it shows as CLOSED. I am still trying to understand all of those terms. I already submitted my application for an expungement and the state attorney approved so I'm currently waiting for the state response if that make sense.

My concern is that I am trying now to apply for the Loan Originator license and they have a criminal disclosure where you disclose if you ever been convicted of or pled guilty or nolo contendere to a felony which I'm very confused. I have to do a background check which they will see my arrest and not sure what other info they can see. I was never convicted but the charge was a felony. I don't know if the outcome of my case above even matters. I want to know if anyone has been in a situation like this to provide me with some insight or if you know someone that has.

Thank you for your help!

[vale333]

My question involves criminal law for the state of: Florida

Hello!

I will try to make this as brief as I can!

2 years ago I was arrested for shoplifting at a retail store, I was actually charged with Grand Theft 3rd degree/ felony. I was put on the Pretrial Intervention Program which has been completed, paid all fines and everything. No previous arrests, not even speeding tickets...just a bad choice. Currently when I go to the court public records it shows the plea as NOT GUILTY, the disposition shows ADMINISTRATIVELY NOLLE PROSSED and case status shows as CLOSED. I am still trying to understand all those terms. I submitted my application for expungement to the state attorney and it was approved so the rest of the application was sent to the state and I am waiting to hear from them, I know it takes a while.

Now, I am trying to get the Loan Originator license and they ask if I've been convicted of or pled guilty or nolo contendere to a felony, I am very confused about what to respond there. For what I understand based on my case above my charge was dropped/dismissed or the state decided not to prosecute me for it after completing everything they sent me to do. I have to complete a background check with NMLS and they will see my arrest and everything else. I don't know if the results of my case above even matters? If someone can provide me with some insight or if you know someone that has gone through something similar.

Thank you for your help!

[Mr. Knowitall]

If the pretrial diversion did not require that you enter a plea, and your charge was thus dismissed without your having been convicted of the charge, having entered a guilty plea, or having entered a nolo / no contest plea, then the disclosure requirement that you describe would not require disclosure of the dismissal. If you did enter a guilty plea or no contest plea, even with subsequent PTI and dismissal, then you must disclose.

[vale333]

I remember I went to court once with my lawyer, pleaded not guilty then the judge told me they were giving me an opportunity for the PTI which I took, after that I went through the process and finished it. The charge was dropped once PTI was done that was the deal but I guess my concern is that I dont know if this is something I need to see legal advice for. I was reading the requirements under the SAFE Act about the background check and thats where I'm thrown off.

[Mr. Knowitall]

Don't rely on your memory -- check with your lawyer or check the court records.

[adjusterjack]

I remember I went to court once with my lawyer, pleaded not guilty then the judge told me they were giving me an opportunity for the PTI which I took, after that I went through the process and finished it. The charge was dropped once PTI was done that was the deal but I guess my concern is that I dont know if this is something I need to see legal advice for. I was reading the requirements under the SAFE Act about the background check and thats where I'm thrown off.

Always answer the question truthfully.

Regardless of what you think might have happened with your records.