Legal Question in Criminal Law in Florida

Re: background checks

Hello:

I would go to the Clerk of Court, or check on-line, or give them a call...to ask what they put down as the disposition in that case. If it was sent to a diversionary program, and you sucessfully completed the program, the case would have been dismissed and there would have never been a plea entered by you, thus there would not be a withhold nor an adjudication of guilt ever rendered by the court. Diversionary programs are operated by the State Attorney's Office. You may want ot contact them also to confirm the proper disposition of that case. From what you state, that is, that you were not arrested, you can always tell a potential employer you were not arrested, that the records are in error. It would be great if you can get copies of the disposition from the clerk's or the State Atty's Off.

'Hope this helps. Tom Rosenblum

Re: background checks

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You owe it to yourself to find out for sure just exactly what happened. You should either write or visit the clerk of the court in Tallahassee and find out the status of this matter. It may also be listed online. If it was not a diversionary program (which pulls the matter out of the criminal justice system) but a withhold as you said, then you should investigate having your record sealed or expunged. If not, the record will stay with you forever. Unlike points on a driver's license, criminal records do not expire over time.

Scott R. Jay, Esq.

Re: background checks

This record can be sealed as long as you don't have any other criminal cases in which you were adjudicated guilty. Please feel free to contact me at SealMyRecord.Com

Nicolas