Legal Question in Criminal Law in Florida

By law, you can legally state that you have not been adjudicated guilty. The wording on the application though is key. Sometimes they ask if you have been "arrested" or have been "charged" or some other language. As far as anything you can do, you need to talk to an employment lawyer as there MIGHT be a cause of action but since I only practice criminal law, you should ask an employment lawyer.

Also, consider sealing your record to not have this problem in the future. Even though you had adjudication withheld, your arrest is public information unless and until you take action to remove it. If you've never been convicted of any other crime in any other state and have never sealed or expunged a criminal record before, you would meet the eligibility requirements to have the record sealed (which means it will no longer show up on background checks AND you can lawfully deny having been arrested or having a record on applications). As to the employment issue, not sure, and agree that you should ask an employment attorney.

Good luck,

Karen Kilpatrick, Esq.