How Long Does a No Contest Plea Stay on Your Record? (Appeal Trick)

“No contest” is a legal term known and understood by few outside the criminal justice system, and individuals who have formerly pleaded “no contest” are often left wondering, how long does a no contest plea stay on your record?

This concern is justifiable because an individual’s criminal record can haunt them much of their life, making it difficult to obtain housing, employment or other advancements.

There may not be a simple, easy answer to this question, but there is a quick trick to figure out exactly what appears on a person’s criminal record.

First, conduct a name-based background check on yourself to see if the no contest plea is still on your record… then if it is, use the following guide to appeal the case with expungement, which effectively removes it from public view.

When You Plead No Contest, What Does That Mean? (No Contest Plea for First-Time Offenders)

According to the Legal Information Institute at Cornell Law School, there are generally three plea options for defendants in criminal cases:¹⁶

• Not guilty
• Guilty
• No contest (Nolo Contendere)

A defendant who is innocent of the charges brought against them can choose to plead “not guilty” and proceed to mount a defense before a trial by jury. Conversely, a defendant who confesses to their crime can choose to enter a “guilty” plea, waiving their right to trial by jury, accepting a guilty verdict, and proceeding to await their sentencing.⁴

A no contest plea can impact insurance rates if the charge is related to driving, and the infraction shows up on your personal DMV records, which insurance agencies may access to assess rate changes.

But there is a third option – the no-contest plea for first-time offenders.³ Individuals who are facing first-time charges for a criminal offense usually have the option to plead nolo contendere or no contest.

People may wonder “When you plead no contest, what does that mean?” In literal terms, a no-contest plea means that the defendant has decided not to fight or “contest” the charges against them.⁵ They may make this decision when they know they cannot defend themselves against the evidence of the prosecution but do not want to admit guilt for the crime by entering a guilty plea.⁸

When a no-contest plea is entered, the judge will evaluate the merit of the plea and decide whether to accept it. Nolo contendere is most often used in relatively minor crimes and is less likely to be accepted as a plea for a serious crime such as a felony.

With a no-contest plea, the defendant waives their right to a trial by jury and concedes to the ruling of the presiding judge. It basically guarantees that the defendant will be found guilty and sentenced accordingly.¹³

Is Nolo Contendere the Same as No Contest?

Nolo contendere is a term sometimes used in legal discussions, and many people may wonder “Is nolo contendere the same as no contest?” Yes, nolo contendere is the formal terminology for a no-contest plea. The technical meaning of the phrase is “I will not contest,” or in other words, “I won’t fight the charges.”⁵

The defendant is not directly admitting guilt with a nolo contendere plea, but they are admitting that a jury more than likely would find them guilty given the evidence of the case.¹⁴ They are choosing not to defend themselves in a court of law and accepting the penalties associated with a guilty plea and verdict (see United States Courts Glossary of Legal Terms).¹⁷

What Is the Difference Between Guilty and No Contest Pleas?

It is easy to confuse guilty pleas and no contest pleas, leaving many people wondering “What is the difference between guilty and no contest pleas?” In truth, the difference amounts to minor legality which can have significant practical implications.

There are a number of legal terms used to accept a plea of guilty, although some indicate an non-admission of guilt.

When an individual enters a guilty plea, they are confessing to the crime and admitting their guilt. They forego their right to a trial, receive an automatic conviction, and await sentencing.

A no-contest plea looks almost exactly the same on the surface, except the individual is not confessing to the crime. Rather, the defendant is admitting that the evidence is against them and they cannot win the case. They also forego their right to a trial, receive automatic conviction, and await sentencing.⁴

The primary practical difference is that a guilty plea can be entered as evidence in civil cases where the victim is suing for damages. No contest pleas cannot, at least in misdemeanor cases.⁵ Thus, a no-contest plea may be preferable in cases where the crime resulted in significant property damage or personal injury for which the defendant may be liable.

Can You Appeal a No Contest Plea?

There are many reasons why a person may wonder “Can you appeal a no-contest plea?” Perhaps, they didn’t realize the significance of the plea at the time they entered it.

In some instances, it may be possible for an individual to withdraw a guilty or no contest plea after the arraignment,¹³ but this is generally left to the judge’s discretion.

Additionally, an individual who was convicted of a crime may be able to appeal a no-contest plea if they can demonstrate that they:¹¹

• Were coerced into entering the plea
• Did not understand the consequences of entering the plea
• Were mentally impaired when entering the plea
• Were not fully informed of the nature of the plea by their attorney
• The no-contest plea was entered by mistake by the court clerk

Can Charges Be Dropped at an Arraignment Hearing?

Arraignment is typically when a defendant is formally presented with their charges and asked to enter a plea. Some individuals may hold out hope, wondering “Can charges be dismissed during the arraignment process?”

It is possible, though unlikely for a prosecutor to dismiss a charge at an arraignment hearing. Typically, the only reason why a prosecutor would choose to drop charges is if they discovered the defendant was wrongly accused or if the crime was very minor and they decided it was not in the best interest of the state to prosecute. It is exceedingly rare for either of these cases to get as far as the arraignment hearing.¹²

Pleading No Contest to Misdemeanor Crimes vs. Pleading No Contest to a Felony (What To Know)

Pleading no contest to misdemeanors can be more beneficial than pleading no contest to a felony. In general, a judge is much more likely to accept a no-contest plea in a misdemeanor case than in a felony case. Note that the judge is not required to accept a no-contest plea and must evaluate the merits of the plea.⁷

The Department of Justice outlines the principles of federal prosecution, which includes plea agreements and arguments.

In a misdemeanor case where an individual pleads no contest, the case disposition cannot be used as evidence for financial liability in a civil case.⁹ For a felony case, a no-contest plea is going to look identical to a guilty plea.⁵ This is because no-contest pleas in felony cases can be used as evidence in subsequent civil suits.

Some courts may not allow no-contest pleas in felony cases or cases where damages are likely to be sought.

Should I Plead Guilty or No Contest to a Traffic Violation?

It is common for people to question “Should I plead guilty or no contest to a traffic violation?” This website cannot offer legal advice, and it is important to consult professional legal counsel when making important decisions such as this one. However, a no-contest plea can be a good avenue for someone charged with a traffic violation, particularly when:⁶

• The traffic violation resulted in damage which may be brought up in a later civil case
• License points and penalties can be avoided

Seek legal counsel to determine whether a no-contest plea is the best call for the specific situation.

What Happens if I Plead No Contest to a Misdemeanor?

The criminal justice system is confusing for almost everyone, and it can be particularly tricky to navigate. This is why people have asked, “What happens if I plead no contest to a misdemeanor?” There are a few important points to address here.¹³

1. In almost all cases, an individual can plead no contest to a misdemeanor charge. The judge will access the merits of the plea and determine whether to accept it.
2. A no-contest plea is treated the same as a guilty plea. An individual waives the same rights (e.g. right to trial by jury) and faces the same punishment.
3. The criminal case cannot be used against the defendant in a later, civil case. This rule does not apply to felony charges.

Some people believe that judges may impose lighter sentences on individuals that plead no contest than for cases that go to trial.

Have You Ever Pled No Contest to a Crime Other Than a Minor Traffic Violation?

Curious individuals may wonder “Have you ever pled no contest to a crime other than a minor traffic violation?” No contest pleas are often seen in cases of traffic violations to avoid the impact on a civil damages case, but no contest pleas can be entered for other crimes, as well, though the benefit diminishes with the severity of the crime.

For example, in the case of a felony crime, a judge would likely be reluctant to allow a no-contest plea, as admitting guilt is often viewed as part of the rehabilitation process for the accused and part of the healing process for the victims.⁷ Additionally, felony cases do not have the same restriction for no-contest convictions not being admissible in civil court.

What Are the Benefits of No Contest Plea?

If no-contest pleas yield the same convictions and punishments as a guilty plea, then what is their purpose? As it turns out, there are a few distinct advantages to no-contest pleas for certain cases.

The first and primary advantage is that the defendant is not admitting guilt with a no-contest plea, and thus, there is no admission of guilt to be used against them in a later case.⁵

Pleading no contest also allows the defendant to avoid an extended and costly trial by jury and all the unsavory things that may go with it.⁹

In some states, pleading no contest on traffic infractions can also prevent points from being added to the license, potentially avoiding license suspension and other penalties (See City of Dahlonega, GA).¹⁸

However, the nolo contendere plea is not without its drawbacks. The following table summarizes the potential benefits and drawbacks of entering a no-contest plea.¹¹

Why Would Someone Plead No Contest?

When many people think of pleas, they think of guilty or not guilty, which leaves the question “Why would someone plead no contest?” There are actually several reasons why an individual may make a no-contest plea. Some of these reasons include:¹⁰

• To avoid admission of guilt
• To prevent the criminal case from being used as evidence in a civil case
• To avoid an expensive jury trial
• To avoid racking up points on their license

There are other, more nuanced reasons which may serve individuals on a case-by-case basis, but these are the most generally applicable.

Does Pleading No Contest Go on Your Record?

Court cases and proceedings are matters of public record, as are the pleas in criminal cases. For individuals asking “Does pleading no contest go on your record?”, the answer is yes, the plea itself becomes part of the public record and the resulting conviction goes on an individual’s criminal record.¹ Plea of no contest generally results in a conviction, as the defendant is admitting that they cannot or will not defend themselves against the charges.²

The Bureau of Fiscal service offers an online PACER service platform for tracking payments and benefits.

The judge rules the case and gives the verdict. The conviction resulting from a no-contest plea is the equivalent of one resulting from a guilty plea and has the same impact on a person’s record.¹⁰ The conviction will be viewable by the courts, law enforcement, employers, and the general public and can be accessed through local court portals or through the U.S. Courts PACER website.¹⁹

In the case of driving offenses, it will also be visible on the driving record to insurance companies.⁷

How Long Does a No-Contest Plea Stay on Your Record? (How Long Does Nolo Contendere Stay on Record?)

Knowing that a no-contest plea does indeed show up on an individual’s record, many people may wonder “How long does a no-contest plea stay on your record?” This is the same question as “How long does nolo contendere stay on record?” As with a traditional guilty plea, a guilty verdict will be reached in no-contest cases, and the result is a conviction.

A conviction does show up on an individual’s criminal record, and potentially driving record as well (if it was a driving offense). In general, a criminal record remains until it is expunged, and expungement is determined by the crime itself and the jurisdiction. Therefore, the two most crucial factors influencing how long the no-contest plea conviction remains on an individual’s record are:

1. The nature of the conviction
   The more serious the crime, the longer an individual will have to wait before expungement or record sealing is available. Many misdemeanors can be expunged after a period of 5 or 10 years, while felony wait times are typically greater than 10 years.
2. The state of conviction/residence
   A criminal record can last a lifetime unless it is expunged. A few states are beginning to automate the expungement process, while other states still require the individual to petition for expungement. Some states have no provision for expungement, at all.

These factors yield a very broad range of time from as short as 1 year for misdemeanor expungement in California¹⁵ to a lifetime in states such as Alaska.

How Long Does a No Contest Plea Stay on Your Record in Each State?

As mentioned above, the state of residence is very important in determining how long a no-contest plea conviction stays on someone’s record. Some states are becoming more lenient with expungement laws and even have automated expungement for misdemeanors and certain felonies. Other states have stricter laws, and a few do not allow expungement at all.

Many states, like California, make clearing your adult criminal extremely easy and outline the steps online.

To answer the question “How long does a no-contest plea stay on your record in each state?” examine the table below.

No Contest Plea and Dismissal

Some people believe that entering a no-contest plea gives them the opportunity to avoid conviction and have their case dismissed. Unfortunately, a no-contest plea and dismissal do not really go together.

A no-contest plea is functionally the same as a guilty plea and gives the judge the right to make a determination of guilt and issue the proper punitive measures. An informed individual chooses to enter a no-contest plea only when they know that the evidence is not in their favor and a guilty finding is unavoidable. For this reason, no-contest pleas almost always result in convictions and not dismissals.

For more information on pleading “no contest” in federal cases, see Principles of Federal Prosecution.²⁰

Can a No Contest Plea Be Expunged?

A no-contest plea is a part of an official court record, which is in turn, a public record in most cases. For individuals wondering “Can a no-contest plea be expunged?” understand that the process to expunge a conviction resulting from a no-contest plea is the exact same as the process to expunge a conviction resulting from a guilty plea.²

No contest please can be expunged, but like almost all criminal records, there are circumstances and other factors that dictate whether the record can be removed from the public view.

A no-contest plea may be expunged after an individual has satisfied all court orders related to their conviction and waited the required amount of time specified by the state in which they reside. Follow these steps to address a no-contest plea conviction:

Step 1: Find out the steps to obtain a criminal background check on yourself to determine what shows up.

Step 2: Look at the laws in the state where the conviction occurred to determine when the conviction may be eligible for expungement. (For example, see Delaware State Courts – Expungement of Criminal Record)²¹

Step 3: Contact the court that settled the case and inquire how to petition for expungement.

Does No Contest Plea Show Up Background Check? How Long Does a No Contest Plea Stay on Your Record?

Anyone who has asked the question “How long does a no-contest plea stay on your record?” is likely curious about the impact of a conviction upon their future. Many people may wonder “When does no contest plea show up?” Background checks becoming more widely implemented, as they are.

Depending on the crime for which the no-contest plea was entered, the associated conviction will appear on the convicted person’s criminal record, and sometimes driving record (in cases such as DUI or reckless driving where the traffic offense is also a criminal offense). The nolo contendere plea is a part of the public record for the court case and is viewable by anyone who chooses to conduct a public record search on the defendant.¹

Aside from casual public record searches, the no-contest plea is part of the criminal record and is likely to show up on housing and employment background checks. Most criminal record searches will reveal the case entry and disposition, and a further investigation into the court proceedings will reveal the no-contest plea.² Although the Fair Credit Reporting Act does not limit reporting of criminal records,²² many states and institutions have adapted the 7-year rule to criminal records, as well.

No contest pleas in traffic violation cases can also show up on the driving record report, which is viewable by insurance companies for assessing premiums.⁷

When a defendant does not want to admit guilt in criminal court but knows they cannot win their case, they may choose to plead “no contest,” which accepts the penalties of a guilty plea without an admission of guilt.

Knowing the answer to, how long does a no-contest plea stay on your record, can be both helpful for removing it and beneficial for future endeavors.