Legal Question in Criminal Law in Florida

Hi and thanks in advance for your help in this matter. In 2004, I was at the wrong place and at the wrong time with a supposely friend that decided to stole some things from a store. Not knowing that when I was asked by the officer if we were together I answered yes, so I was arrested on paper and despite the fact of me saying I did not do it I was told I should have known better. Not knowing nothing about laws, scared and embarrased and not well advised I pled guilty to a charge of petit larceny, theft. The disposition on the case was withold of Adjudication, paid a fine and court costs, so I sealed the case and moved on with my life. Last year while, I was at the store with my nephew and a friend of hers, we were approched by an officer b/c the girls were seen counsealing a bracelet. I took the blame to avoid my niece the bad moment and further implications with scholarships, etc. I though I did the right thing at the time, but now the desicion is affecting me. The charges to that case were petit theft and the disposition was Nolle Pros-Court Opt. I am presently applying to a graduate school and I dont know the way I should answer this question and how it might affect my entrance:

Have you ever been convicted in any state or country of a criminal offense, other than a minor traffic offense, where you have been found guilty by a judge or jury or entered a plea of nolo contendere (no contest) or plea bargain; any juvenile offenses; any offenses where the records have been expunged; or any conviction that the applicant is currently appealing, regardless of adjudication?

I kind of know what the meaning of both dispositions but dont want to give an erroneous answer. Thanks in advance for your help on this matter.

Sincerely,

Jessica M


Asked on 9/19/11, 12:59 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

It sounds as if based on the phrasing of the question you posted, then you can answer no to those specific questions. However, you have to be careful because sometimes they may ask if you have been "arrested" which you may have been in this case, even though the nolle prosse means that the state dismissed it, presumably through a diversion program of some sort. You should also note that even though you may say no, some databases may show a different answer so be prepared to explain.

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Answered on 9/19/11, 1:15 pm


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