A Massachusetts "continued without a finding" disposition, where there is no admission to sufficient facts, is not a conviction because the disposition does not satisfy the first prong of the conviction definition under INA 101(a)(48), which requires a plea of guilty, nolo or an admission to sufficient facts. In Matter of Grullon, 20 I. & N. Dec. 12 (BIA 1989), the Board held that a noncitizen placed in Florida's pre-trial intervention program did not have a conviction because there was no plea of any kind. If there is no plea or admission to sufficient facts, then a Massachusetts "continued without a finding" disposition is identical to pre-trial intervention, and does not constitute a conviction. Although there was no statute defining "conviction" in 1989, and a different test applied to when a disposition was a conviction, nothing in INA 101(a)(48) changes this outcome. Under Massachusetts criminal practice, no admission is required to obtain a Massachusetts "continued without a finding" disposition. Thanks to Dan Kesselbrenner.