Legal Question in Criminal Law in Florida

I was arrested 12 years ago (in Florida) on 2 charges, Battery and Agg. Assault. (I assaulted my bedroom door in my house, no living thing was touched in any way). Battery charge was dropped, Agg Assault was dropped to Criminal Mischief. I had adj.withheld on that charge, paid a 250.00 fine and that was it. (No probation, no anger management, no comm service, etc).

Recently I applied for a job at a major theme park. I was upfront and told them about it (I thought it was a conviction because I went to court, but found out it is NOT because of the adj withheld). I was hired that day and given a schedule to come in for orientation and training in exactly 2 weeks.Before I left, they did fingerprints and background and I was told to get a copy of the arrest record, which I have requested copies of everything, from everywhere (police, court), but it takes up to 2 weeks to get them in the mail. (Mail or in person only).

I received a call from the co. that hired me 4 days before training begins and was told that I should go in person to get the arrest report (its 4 hours away) or ask someone I know to get it for me (I haven't lived there in 11 years!) I tried to explain that but they kept insisting that I get a copy of the report or I will NOT be able to attend training now. The company is saying that on my background check that it shows battery, doesn't show disposition or anything else (according to this company person) that"s why they want the arrest record. But the arrest record will only have the policeman's point of view wont it? Wouldn't that just harm my chances more as it just details the damage to the door? Its certainly not going to show them that it was dropped. I do have a copy of the disposition from court and SENT it to the company showing the battery was dropped, the other charge lessened and it shows the fine of 250.

So, I guess my question would be why would they still need a copy of the arrest record if I sent the disposition and why would they need it if I wasn't even convicted of a crime and from what I have been reading, it looks like background checks are only supposed to go back 7 years unless it is a conviction!?? Or if it is wrong on the background check what would I do to correct it? Shouldn't this company have told me to get everything before "hiring" me? Considering I HAD 2 interviews at other places that I cancelled after I was hired, but now wish I would have gone, because now everything is just up in the air. I have never had this issue before. Oh and I recently received my Class D Security Officer License and I know I had to pass a check to get that. What should or can I do? Thank you!


Asked on 8/16/16, 7:13 pm

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

It sounds like you need to talk to an employment lawyer, not a criminal lawyer. An employer is not obligated to hire regardless of your record. I don't know the answer (an employment lawyer would), but I'm not so sure they can ask YOU to get details beyond the disposition. Of course, it's public record so they can get it on their own. I would also suggest you get this charge sealed so this doesn't happen in the future.

Read more
Answered on 8/16/16, 8:51 pm


Related Questions & Answers

More Criminal Law questions and answers in Florida