Legal Question in Criminal Law in Florida

adjudgication withhelds and Background checks

I received an offer of employment from a company subject to a satisfactory background check. The background check was completed and information that exceeded the 7 year limitation (set by the FCRA) was disclosed. I had 2 criminal cases 9 years ago that resulted in plea agreements. Adjudication was withheld in both cases. As I understand it, if adjudication is withheld there is no conviction. As a result, I feel that the company that completed my background check misrepresented my background to this employer because both cases were reported as convictions. This resulted in said offer of employment being rescinded; please provide me your thoughts on this situation. Please note I have documentation to support these statements.


Asked on 3/07/08, 10:48 am

1 Answer from Attorneys
Richard Hornsby Richard E. Hornsby, P.A.

Re: adjudgication withhelds and Background checks

Under Florida law, you are not considered to have been convicted. However, the Federal courts consider a withhold a conviction, because you were still sentenced. Also, the criminal history is still there and it would show that you were arrested and subsequently plead to the charges.

So an employer can use this information adversely against you. I would suggest getting your Florida record sealed. I handle sealing of criminal records and would be happy to assist you.

Read more
Answered on 3/07/08, 11:02 am


Related Questions & Answers

More Criminal Law questions and answers in Florida