Legal Question in Criminal Law in Florida
Revealing info of past arrests
Over four years ago I lived in another state I was arrested but not convicted of assault on 4 occasions. In the state I now live I have no criminal record. I have to go to local police station for a background check. Should I reveal those previous arrests on an employment application?
1 Answer from Attorneys
Re: Revealing info of past arrests
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.
While your police record may not show your prior arrests, they may appear on a comprehensive background check. Whether or not you disclose the prior record is your choice, however, an employer would be justified to terminate your employment (if hired) and the failure to disclose becomes known. You should read the application carefully and see if they ask for criminal convictions or arrests. If the request is for convictions, then you can honestly not mention these incidents. If they ask for arrests, then you have to make a choice whether or not to disclose.
Scott R. Jay, Esq.
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