(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 or the Board may consider a person to have
been convicted of a criminal offense regardless of whether the proceedings
were dismissed and the person was discharged as described by subsection
(a) of this section if:
(1) the person was charged with:
(A) any offense described by Article 62.001(5), Code
of Criminal Procedure; or
(B) an offense other than an offense described by subparagraph
(A) of this paragraph if:
(i) the person has not completed the period of supervision
or the person completed the period of supervision less than five years
before the date the person applied for registration; or
(ii) a conviction for the offense would make the person
ineligible for registration by operation of law; and
(2) after consideration of the factors described by §3.149(c)
or (d) of this chapter, the executive director or the Board determines
that:
(A) the person may pose a continued threat to the public;
or
(B) employment of the person as a Landscape Architect
would create a situation in which the person has an opportunity to
repeat the prohibited conduct.
(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.
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