Nolo Contendere
Nolo contendere, also known as “no contest,” is a legal plea in which a defendant accepts conviction as though they had pleaded guilty, but does not formally admit guilt. In many jurisdictions, a nolo contendere plea results in a conviction and can appear on a background check, though it cannot be used as an admission of guilt in subsequent civil proceedings.
Compliance note
- A nolo contendere plea typically results in a criminal conviction that may appear in background reports under the Fair Credit Reporting Act (FCRA).
- Employers should not automatically disqualify candidates based on a nolo contendere record without assessing job relevance and time elapsed, per EEOC guidance.
- State laws differ on how nolo pleas are reported or disclosed; some may treat them as equivalent to guilty pleas for employment purposes.
- Adverse action procedures must be followed before denying employment based on any criminal history record that includes a nolo plea.
Related Terms and Posts
Frequently Asked Questions
Q: What does nolo contendere mean in a criminal case?
A: It means the defendant does not admit guilt but accepts conviction. The result is treated like a guilty plea for sentencing purposes but cannot be used against them in civil court.
A: It means the defendant does not admit guilt but accepts conviction. The result is treated like a guilty plea for sentencing purposes but cannot be used against them in civil court.
Q: Will a nolo contendere plea show up on a background check?
A: Yes. In most states, a nolo plea results in a conviction and will appear on a criminal background report unless it has been expunged or sealed.
A: Yes. In most states, a nolo plea results in a conviction and will appear on a criminal background report unless it has been expunged or sealed.
Q: Can an employer deny a job because of a nolo contendere plea?
A: Employers may consider such records but must comply with FCRA and EEOC requirements, including job relevance, recency, and the right to adverse action notice.
A: Employers may consider such records but must comply with FCRA and EEOC requirements, including job relevance, recency, and the right to adverse action notice.
DISCLAIMER: The information provided in this glossary is for general informational purposes only and should not be construed as legal advice. While we strive for accuracy, EDIFY Background Screening does not guarantee that the definitions or explanations are complete, up to date, or error-free. Employers should always consult with competent legal counsel to ensure compliance with applicable laws and regulations.
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