Legal Question in Criminal Law in Florida

Re: domestic battery/female

If you successfully completed the pre-trial intervention program as you say, then the charges would have most probably been dismissed as per the agreement you entered into with the State. I sounds like your prospective employer has researched and found a record of the arrest.

If the charges were dismissed, then you have not pled to anything and you have not been found guilty of anything. Whether or not adjudication was withheld or not would not apply in your case since an adjudication (or withhold thereof) only comes into play when charges are not dismissed.

It sounds like you should seek to have your records (arrest, court, etc.) in this case expunged. You may be entitled to this if you have never obtained a sealing or expungement before and, for expungements, your charges were either dismissed or not filed. This procedure is not expensive, but does take some time - 90 to 120 days due to the research by the Florida Dept. of Law Enforcement (FDLE). This would prevent any future employers from finding any information regarding this incident.

If I may be of further assistance, please contact me directly at [email protected] or at 941-261-6767.

Re: domestic battery/female

It appears that your arrest record was discovered. Typically, professions like yours research the criminal records data bases and discover arrests and then proclaim that you have a conviction, which you do not have if you successfully complete a pretrial program. You have two possible solutions; 1) inform the employer that it was only an arrest and not a conviction (try to send proof of such) 2.) Get the arrest expunged via an attorney who understands the problem (it is not difficult, but it does take time and a minimal fee) and then re-apply for the job. But since they now know about this arrest an expungement is like closing the gate after the horse got out... So, call and explain that the arrest was wrongful, you were inocent, and that you are really a GREAT person if you really want that particular job. GOOD LUCK...