Legal Question in Criminal Law in Florida

disclosure on applications
If a person was arrested for Sexual battery and lawyer told them to plead guilty to get probation, the case was adjudication withheld he was given 5 years probabtion only having to serve 3 which he completed. When applying for a job does he have to disclose being arrested or convicted on an application?

Asked on 7/12/08, 12:41 pm

3 Answers from Attorneys

Aaron Slavin Slavin Law Firm, LLC

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Re: disclosure on applications

If someone is arrested for a Sexual Battery and receives a withhold of adjudication, then they are NOT formally oonvicted of that crime. However, if the job application asks whether or not that person was arrested, then they will have to disclose the arrest. Most employers today run background checks and will get an arrest record on a potential hire, so there is no sense lying about it because they will already know about it.

Hope that helps.

Answered on 7/12/08, 8:11 pm

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Fleet Tilden TildenLaw

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Re: disclosure on applications

There is nothing to gain by omitting or entering false information of a job application. Most companies conduct background checks which will likely disclose ALL criminal priors, including non-convictions.

Answered on 7/13/08, 1:54 pm

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