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Will Two Mistakes Ruin My Life

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  • 08-20-2010, 09:50 AM
    alf1989
    Will Two Mistakes Ruin My Life
    This question pertains to New York State and Florida State Laws.

    I was given an AOCD on a first-time Petit Larceny charge, the charge was reduced to Disorderly Conduct and is set to be dismissed in November 2010.

    Roughly a month later I was charged with unlawful possession of Marijuana, which is also on AOCD and is set to be dismissed in December 2010.

    After these charges have both been dismissed, I would like to apply for my National Massage Therapy License, and also a license to practice my profession in Florida. I am having anxiety as to whether or not I will need to list these charges on my applications, as I am afraid doing so will slow down or bar my applications.

    I have been told that the UPM charge, as a violation, will not come up on a background check at all. I have also been told that once both cases are dismissed, it will be as though they are nonexistent.

    Can someone tell me what could appear on a background check, if anything? What are my options?
  • 08-20-2010, 10:05 AM
    cbg
    Re: Will Two Mistakes Ruin My Life
    Depending on who is doing the background check and how deeply they delve, just about anything could come up.

    All background checks are not created equal. What will and will not show on any given check depends entirely on how thorough a check it is.
  • 08-20-2010, 09:06 PM
    kelanies
    Re: Will Two Mistakes Ruin My Life
    You're in better shape than you think; if all charges are dismissed you cannot have employment decisions that factor in arrests alone in most states. This is because we live in a country of presumed innocence so if charges are dropped it is like it didn't happen.

    Some employers may do the immoral thing and discriminate, but most are better than that.

    Also not all background checks are equal, they may not show up if not tied to a conviction or judgement.
  • 08-20-2010, 09:15 PM
    Mr. Knowitall
    Re: Will Two Mistakes Ruin My Life
    Absent expungement, I would expect the criminal record to show the original charge and disposition, quite possibly indicating that there was an adjourned judgment.

    Is the first court aware of the second charge? If not and they find out about it when they run your record at the end of probation, that could turn into a conviction; the reduced charge is a violation, as opposed to a misdemeanor? (A violation is not classified as a criminal offense in New York.)
  • 08-24-2010, 12:19 AM
    tc498
    Re: Will Two Mistakes Ruin My Life
    What is the exact question,answer it honestly with out being deceitful or cute about it. As of now you are convicted of 2 violations and will get it dismissed later if you stay out of trouble. Many times they ask if you been convicted of a crime,misdemeanor,felony in that case you can honestly answer no. If ask about any offense other then minor traffic offense for example then you would need to put yes,many time lying can get you in more trouble then just being honest . Are you sure that the Marijuana acd ends in December because those type of acd usually last a year.
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