Legal Question in Criminal Law in Florida
In 1989 I had a possession of cannabis (893.13) charged sealed and expunged (adudication withheld). It has been over 20 years and fortunately nothing shows up in local or FBI fingerprint screening. I have only mentioned it once on a job application. However,25 years later, I applied for a job and the school wants to know what happened because I SELF-DISCLOSED (many years ago). Do I have to tell my case was sealed and expunged or can I say nothing by ignoring the criminal questionaire form?
Thank you.
2 Answers from Attorneys
It is best to disclose and offer the explanation that the state saw fit to seal your record. In theory, you could still legally answer no, however, whenever schools, agencies, employers, etc. find out they tend to frown on what they perceive is a lie even though it says in the statute that it is not a lie.
Under Florida law a person can legally deny the arrest and prosecution of a case that was sealed or expunged. To answer your question, no you do not have to tell anyone that you had a case and that it was sealed or expunged. You may legally deny it.
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