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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118708
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I live in NY. I have an opportunity to become an apprentice

Customer Question

I live in NY. I have an opportunity to become an apprentice optician through my job. The problem is that I received a deferred adjudication probation for a felony in Texas. It has been transferred to NY. I need to know how to fill out the paperwork necessary to sign up for the career progression program. It is asking me about this issue. It isn't considered a guilty plea. Can you advise. Thank you.
JA: What state is this in? And can you tell me a little more about the charge?
Customer: It is NYS. The charge was aggravated assault with a deadly weapon.
JA: Has anything been filed or reported?
Customer: What do you mean?
JA: What confuses you?
Customer: I haven't submitted any paperwork. The charge is from 2013
JA: Anything else you want the lawyer to know before I connect you?
Customer: I would like to be advised on how to obtain my optician's license.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Have you completed your probation or are you still currently under probation for the charge?
What is the EXACT wording of the question you have to answer?
Customer: replied 1 year ago.
I am currently still under probation. They want to know if I have any charges pending or if I have any convictions.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for you reply.
Unfortunately, you may not have a conviction, because deferred prosecution is not technically a conviction, but you have pending charges and you are going to have to answer "Yes" and explain the situation to them that it is a deferred adjudication and the date it will be over and the case will be dismissed. That is all you can do. A felony conviction would not be an automatic absolute bar to licensing and as you correctly noted and as I stated a deferred adjudication is not a conviction because no verdict has been entered against you.