| (a) For purposes of §3.27 and §3.149 of this chapter (relating to Provisional Licensure and Criminal Convictions), a person is not convicted for committing a criminal offense if: (1) the person entered a plea of guilty or nolo contendere; (2) the court deferred further proceedings without entering an adjudication of guilt and placed the person under the supervision of the court or an officer of the court; and (3) at the conclusion of a period of supervision, the judge dismissed the proceedings and discharged the person. (b) Notwithstanding subsection (a) of this section, the executive director may consider a person to have been convicted for committing a criminal offense upon a finding that: (1) the person may pose a continued threat to the public; or (2) registration would create an opportunity for the person to engage in the same type of criminal activity as that for which the person pled guilty or nolo contendere. (c) If a person pleads guilty or nolo contendere to conduct which is a violation of a law enforced by the Board, regardless of whether adjudication is deferred, the Board may take disciplinary action. |
