Legal Question in Criminal Law in Florida

In an application, it reads, "Have you ever been convicted of, or entered a plea of guilty or nolo contendere to any crime in any jurisdiction, other than a minor traffic offense? You must include all misdemeanors and felonies, even if adjudication was withheld by the court so that you would not have a record of conviction."

Based on the following disposition: "Deferred Sentencing Agreement successfully completed; the govt withdrawn the plea and enters a nolle. Disposition: Nolle-Diversion," what would be the answer to the above question on the application?


Asked on 1/25/11, 10:35 am

1 Answer from Attorneys
Karen Kilpatrick http://www.ExpungeRecordFlorida.com

After successfully completing the diversion program, your case was dismissed. If you are concerned about your record (since 80%+ of employers run background checks), even dropped/dismissed charges still show up. You should consider having it expunged - then you would lawfully be able to answer "no" and it wouldn't show on background checks. In your situation, I think you could answer "no" based on the disposition of your case, but, if the employer runs a background check anyway, it may be worth it to reveal...

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Answered on 1/27/11, 2:15 pm


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