A guilty plea means you admit you committed the crime. A no contest plea (nolo contendere) means you do not admit it but accept that the court will convict and sentence you. In the criminal case the result is the same: a conviction and a sentence. The difference is that a no contest plea generally cannot be used as an admission against you in a later civil lawsuit. For anyone who is not a U.S. citizen, there is usually no difference at all: immigration law treats a no contest plea with any punishment as a conviction.
No Contest vs Guilty at a Glance
| Guilty | No contest (nolo contendere) | Not guilty | |
|---|---|---|---|
| Do you admit the crime? | Yes | No, you do not admit or deny it | No, you deny it |
| Result in the criminal case | Conviction and sentencing | Conviction and sentencing, the same as a guilty plea | Case goes to trial unless dismissed or resolved later |
| Can it be used against you in a civil lawsuit? | Yes, as an admission | Generally no | Not applicable |
| Do you need the judge’s permission? | The judge must accept it | Yes, in Georgia the judge must consent | No |
| Counts as a conviction for immigration? | Yes | Yes, if the judge orders any punishment | Only if you are later found guilty |
What Is a Guilty Plea?
By pleading guilty, you admit in open court that you committed the crime you are charged with. There is no trial; the case moves to sentencing. Before accepting the plea, the judge must be satisfied that you understand the charge and the possible sentence, that you are pleading voluntarily, and that there is a factual basis for the plea.
A guilty plea waives several constitutional rights, including:
- The right to a trial by jury.
- The right to confront and cross-examine the witnesses against you.
- The right not to incriminate yourself.
You do not give up your right to a lawyer. You are entitled to legal counsel when you enter the plea and at sentencing.
What Is a No Contest Plea?
A no contest plea means you do not admit guilt, but you do not dispute the charge either. You accept that the court will find you guilty and sentence you. In the criminal case, the effect is the same as a guilty plea: you are convicted and can receive the same sentence, and you give up the same rights.
The main advantage is that the plea is not an admission of guilt. In Georgia, a no contest plea generally cannot be used against you in another court or proceeding as an admission. For example, if the alleged victim of a car accident or an assault sues you, they cannot use your no contest plea to prove you were at fault; they must prove their case with other evidence.
No contest is not always available. In Georgia, the judge must consent to a no contest plea and is not required to accept it, and prosecutors may insist on a guilty plea as part of a plea agreement. Georgia also has special rules for traffic cases: a no contest plea to certain traffic offenses can keep points off your driver’s license, but only once every five years.
What Is a Not Guilty Plea?
A not guilty plea tells the court you deny the charge. The prosecution must then prove your guilt beyond a reasonable doubt at trial. Pleading not guilty at arraignment is common even when a plea deal is likely later, because it preserves your options while your lawyer reviews the evidence.
A related option in some cases is an Alford plea, where you plead guilty while maintaining your innocence because you believe the evidence would likely lead to a conviction at trial. Like a no contest plea, it results in a conviction.
What Happens If You Plead No Contest to a Misdemeanor?
The judge will find you guilty and impose a sentence, which in Georgia can include up to 12 months in jail, probation, fines and classes. The conviction goes on your criminal record just as it would with a guilty plea. The difference is that your plea cannot generally be used as an admission in a related civil case. If you are not a U.S. citizen, see the next section before you enter any plea.
Does a No Contest Plea Count as a Conviction for Immigration?
Yes, in almost every case. Many noncitizens accept a no contest plea believing it avoids a conviction. For immigration purposes, it does not.
Federal immigration law has its own definition of “conviction” in section 101(a)(48)(A) of the Immigration and Nationality Act. It covers a formal judgment of guilt, and it also covers a case where the court withheld or deferred judgment if:
- you pleaded guilty or no contest, or admitted enough facts to support a finding of guilt, and
- the judge ordered some form of punishment or restraint, such as jail, probation, a fine, community service or classes.
What the state court calls the outcome does not control. Here is how common Georgia outcomes are usually treated:
| Georgia outcome | Usually a conviction for immigration? |
|---|---|
| Guilty plea | Yes |
| No contest (nolo contendere) plea with any punishment | Yes |
| First Offender sentence | Generally yes, even after the sentence is completed and the record is discharged |
| Pretrial diversion with no guilty or no contest plea and no admission of facts | Generally no, but the paperwork must be reviewed |
| Case dismissed, or found not guilty at trial | No |
Record restriction or sealing can help with employment, but it normally does not erase a conviction for immigration purposes. A conviction vacated only to avoid immigration consequences also generally still counts; one vacated because of a legal defect in the criminal case may not.
A conviction, including one based on a no contest plea, can:
- make a green card holder deportable, for example for a drug offense, a family violence offense or certain theft offenses;
- block a green card, a visa or naturalization;
- cause problems when a permanent resident returns from travel abroad.
Under Padilla v. Kentucky (2010), criminal defense lawyers must advise noncitizen clients about the deportation risk of a plea. Because the immigration result depends on the exact statute, the plea and the sentence, have an immigration attorney review any plea offer before you accept it. This overlap between criminal and immigration law is often called crimmigration. Learn more about how criminal charges affect immigration status in Georgia. A Spanish version of this information is in our article Antecedentes penales e inmigración.
No Contest vs Guilty: Frequently Asked Questions
Is no contest the same as guilty?
Not exactly. In the criminal case, both lead to a conviction and the same possible sentence. The difference is that a guilty plea is an admission and a no contest plea is not, so in Georgia a no contest plea generally cannot be used against you as an admission in another court, such as a civil lawsuit. For immigration purposes, a no contest plea with any punishment is treated the same as a guilty plea.
What does no contest mean?
No contest, or nolo contendere (“I do not wish to contend”), means you neither admit nor deny the charge. You accept that the court will find you guilty and sentence you. In Georgia, the judge must agree to accept a no contest plea.
What does guilty mean in court?
Pleading guilty means formally admitting in court that you committed the crime charged. Being found guilty means a judge or jury decided, after a trial, that the prosecution proved the charge beyond a reasonable doubt. Either way, the case moves to sentencing.
Is it better to plead no contest or guilty?
It depends on the case. No contest can protect you if you also face a civil lawsuit over the same events, and in Georgia it can keep points off your driver’s license for certain traffic offenses once every five years. It does not reduce the sentence, and it does not help with immigration. If you are not a U.S. citizen, speak with an immigration attorney before entering either plea.
Does a no contest plea go on your record?
Yes. A no contest plea results in a conviction that appears on your criminal record, just like a guilty plea. Georgia First Offender treatment or record restriction may change what employers see, but immigration authorities can still treat it as a conviction.
Not a U.S. Citizen and Facing a Plea Offer?
BCA Law Firm advises noncitizens and their criminal defense lawyers on the immigration consequences of pleas, and represents clients in immigration court. Talk to us before you sign a plea agreement. Learn more about our deportation defense services.
We offer 30-minute consultations for $175, at our Norcross office or online. Book a consultation or call 678-292-6111, Monday to Friday, 9:00 a.m. to 6:00 p.m. Our office is at 700 Holcomb Bridge Road, Norcross, GA 30071.
This page provides general information and is not legal advice. Every case is different; speak with an attorney about your situation.
