Legal Question in Civil Rights Law in Florida

Responsibility of Local Government for Criminal History Error

Back in 2001 I was arrested on a Burglary charge brought against me in an arguement w/my ex-wife - this was of course done out of anger at the time and all charges were dropped - I paid my attorney $1500 to make sure that this was all done- The company that I worked for at the time was bought out and I was given a job opportunity with the new company - then the offer was withdrawn - I've been on unemployment for 8 months and finally got another job offer from a company making near the same - Again, at the last minute the job offer was recended and I was left holding a bag of questions - I did some investigations on my own and found that the original case 3 years ago was never closed-I went to the court house and the clerk actually said ''oops!, this was never closed'' I am having to take care of this expungement myself w/the help of the State Attorneys office. Now I'm told that NO ONE has to be held accountable to the loss of my job(s). I have been living on $75/week because $200 of my $275 of unemployment goes to child support - IS THERE NOTHING THAT I CAN DO TO RECOOP MY LOSSES??


Asked on 1/07/04, 8:22 pm

1 Answer from Attorneys
Jeffrey Sheldon

Re: Responsibility of Local Government for Criminal History Error

Regrettably, probably not. Your two potential causes of action are a malpractice suit against the attorney and a negligence suit against the court for failing to properly expunge the case. However, you would have to prove that the error was in fact the reason you lost one or both jobs. That would probably be very difficult if not impossible since there are so many possible reasons for not being hired.

If you do happen to have some proof, then you might also have a case against the employers for failing to hire you due to your criminal history.

You have my sympathy - you have gotten a raw deal apparently because of an administrative error. But I do not think it is worth your time or money to pursue, other than to make sure the problem is fixed. You could contact the original attorney, though, and tell him that the record is not expunged and he needs to take care of it as he said he would. That is what you paid him for.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 1/07/04, 8:50 pm


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