Legal Question in Criminal Law in Florida
I recently pled no contest to a felony drug charge, and ajudication was withheld. If i am trying to apply for a job, and it asks me about previous convictions do i have to tell them about that arrest?
3 Answers from Attorneys
Depending on how the question is asked, sometimes yes, sometimes no. If they ask have you ever been arrested? You have to say yes. If they ask you if you have ever been adjudicated guilty, you can say no.
YES! I have seen too many people think they don't have to report the arrest and then it is on their record. When HR gets around to checking your record, you will be fired for not reporting or lying on the application.
This is very important on a professional license application. If one does not put down an arrest or a withhold adjudication, thinking they were never adjudicated guilty - the state licensing board has been known to cancel the license. The best I have seen was when I was able to get the Real Estate Board to allow a person to keep the license, he pleaded guilty and had adjudication withheld, serve probation and got off with what he thought was a clean record. He had his license suspended for 6 months and given a $750.00 fine!
Consider having the record sealed - then you can lawfully deny the arrest and answer "no" to all questions. Please feel free to fill out a free eligibility evaluation on my site at ExpungeRecordFlorida.com
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