Am I obligated to check yes to the following question?

[robert515]

California.

I am a juvenile that was cited for statutory rape with another minor. We both received letters in the mail stating the case was closed. We were did not need to appear in court and was not charged. I am now applying for higher education and need to know if I am obligated to check yes for the following question:

Have you ever been convicted of or pled guilty or nolo contendere (no contest) to any crime (except minor traffic citations), had a criminal charge sustained against you (except minor traffic citations), or been placed on court-supervised probation?

 

[justalayman]

From what you stated you can and should answer no. It appears that either no charges were filed or they were dismissed prior to any prosecution.

You may wish to check your criminal history with the state involved just to make sure you are not misunderstanding what happened.

 

[HighwayMan]

I am a juvenile that was cited for statutory rape with another minor.

We were ... not charged.

Those two statements appear to be contradictory. Being "cited" is being charged in most cases.

 

[CdwJava]

California.

I am a juvenile that was cited for statutory rape with another minor. We both received letters in the mail stating the case was closed. We were did not need to appear in court and was not charged. I am now applying for higher education and need to know if I am obligated to check yes for the following question:

Have you ever been convicted of or pled guilty or nolo contendere (no contest) to any crime (except minor traffic citations), had a criminal charge sustained against you (except minor traffic citations), or been placed on court-supervised probation?

It appears you were arrested (the citation was your release from custody) and that a referral was likely submitted to Juvenile Probation and/or the District Attorney,but that the case was not filed with the court. But, from what you say here, you have NOT been convicted,found guilty, or pled no lo contendre.

 

[robert515]

Those two statements appear to be contradictory. Being "cited" is being charged in most cases.

Sorry for the confusion. I was cited by the police and released (they never took me in or anything. I remained in my vehicle).

From what you stated you can and should answer no. It appears that either no charges were filed or they were dismissed prior to any prosecution.

You may wish to check your criminal history with the state involved just to make sure you are not misunderstanding what happened.

It appears you were arrested (the citation was your release from custody) and that a referral was likely submitted to Juvenile Probation and/or the District Attorney,but that the case was not filed with the court. But, from what you say here, you have NOT been convicted,found guilty, or pled no lo contendre.

Thank you for your answers and should be of much help in regards to my future.

 

[CdwJava]

As a note, the Notice to Appear (the citation) can be used as a charging document in court in CA. The citation would not necessarily mean you were CHARGED, but it would mean that you were arrested and then released with the NTA. It would be up to Juvenile Probation to file the matter with the DA, or for the DA to file the matter (if it was directly referred to them). That apparently did not happen.