Legal Question in Criminal Law in Florida

I was arrested for larceny-theft in 3/1/2008. It was considered a felony becasue the amount stolen was over 300 but less than 5000. I spent one night in jail. Now my case is showing as closed on the public records. The disposition of my case shows Nolle, Completed PTI or Pre-Trial Intervention. I did all of the community service, took the classes and paid all the fines. In my entire life I have never done anything like this before. It was a one off, completely out of character. My question comes in now because I was recently laid off from my job and have to apply to places that will be doing background checks and I will have to answer if I've ever been convicted of a felony. How do I answer this question? Have I been convicted of a felony, or just charged since my disposition shows Nolle, Completed PTI? Would it be lying to answer no to that question of being convicted? Any help you could give would be greatly appreciated. Thank you.


Asked on 9/22/10, 4:29 am

1 Answer from Attorneys
Amir Ladan The Ladan Law Firm, P.A.

If the question is whether you've ever been convicted of a felony, the answer is no. A felony conviction is a formal finding of guilt and an adjudication of guilt by a court. Your case was dismissed as a result of your successful completion of a deferred prosecution agreement, often referred to a PTI or PTD.

If, however, the question was whether you've ever been arrested on a felony, the answer would be yes. I would strongly suggest you retain an attorney to have your record expunged, which would delete the arrest record all together. Expungement has several pre-requisites which I can review with you and it takes several months to complete. That being said, it would be wise to do it now and prevent any future issues with background checks.

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Answered on 9/27/10, 7:52 am


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