Legal Question in Criminal Law in Florida

Application regarding Criminal Background

If an application has the following the question: Have you ever been convicted of, or pled guilty or no contest to, or participated in a

pre-trial diversion program regarding a crime (including misdemeanors and felonies)?

PLEASE NOTE: Failure to disclose any criminal record will automatically disqualify you from employment. If you have a criminal record that was supposed to be adjudicated withheld do you have to answer yes?


Asked on 11/07/08, 8:47 am

3 Answers from Attorneys

Valerie Masters Valerie Masters, P.A.

Re: Application regarding Criminal Background

Yes becaue you pled guilty even though adjudication was withheld.

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Answered on 11/07/08, 9:22 am
Nasir Butt Nasir Law Associates

Re: Application regarding Criminal Background

Answer must be "Yes" being the true fact. Result of pleading is apart.

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Answered on 11/07/08, 9:31 am
David TenBrook Law Offices of David S. TenBrook, P.A.

Re: Application regarding Criminal Background

To be truthful, you must answer "yes" -- at the moment. Given the withhold of adjudication, you may be eligible to have the record sealed, which would allow you to say "no" (with certain exceptions) to the same or similar questions in the future.

With the present state of the economy, you may want to discuss that possibility with a qualified attorney.

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Answered on 11/07/08, 5:42 pm


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