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  1. #1
    Join Date
    Mar 2012

    Default Adjudication Withheld on Background Check

    My question involves criminal law for the state of: FL
    I have 4 misdemeanor arrest on my record. The last arrest was in 2003. On three of them Adjudication was withheld and found not guilty on the forth. They do show on my background check from the FDLE. When a job application asks if you've ever been CONVICTED of a misdemeanor or felony, I assume I can say NO. Is this correct? But an employer is going to see the same thing as I paid for.

  2. #2

    Default Re: Adjudication Withheld on Background Check

    Based on what you have posted, you can truthfully deny ever being convicted. Whether your prospective employer will learn about the arrests, no one here can tell. Background checks differ. Some only focus on convictions. Others include information concerning arrests.

    With respect to the misdemeanor arrest appearing on your criminal record, you should explore the possibility of expunging your record. If an employee or job applicant with an “applicable” criminal record can successfully have his record expunged under state law, then the state will remove reference of this criminal activity from court, police and motor vehicle records and files. Moreover, the effect of the expungement order allows the affected individual to “truthfully” deny the existence of the charge or conviction when seeking prospective employment.

    For more general information on the expunging of criminal records and related issues, you may want to review the following article, "Is Your Criminal History Thwarting Your Job Search? How to Improve Your Employment Prospects,"

  3. #3
    Join Date
    Mar 2012

    Default Re: Adjudication Withheld on Background Check

    Thanks! I have explored having my record expunged. The FDLE informed me I can only have 1 arrest expunged. I do have a battery, which I did not take the judge's recommendation of pleading no contest with probation, anger management, community service, then if I completed all that in a year it would be dismissed. I did nothing wrong, so I hired an attorney and went to trial. I was found not guilty and case dismissed. But, that arrest for battery looks far worse than a few disorderly conducts in college and a DUI that was dismissed. I had a concussion from a wreck. I wasn't intoxicated, just rolled my vehicle and hit my head bad. The officer never even took me to hospital or filed an accident report. The judge was still ripping him a new one while I was walking out of the courtroom.

  4. #4

    Default Re: Adjudication Withheld on Background Check

    I generally agree with your assessment. Since it appears you cannot expunge or seal your entire arrest record, I would suggest you move to expunge the arrest record related to the battery for the reasons you suggested.

    I think you can have the battery charge expunged since you obtained a not guilty adjudication. However, you should check to determine whether you can have this record expunged or only sealed under Florida law. In any event, it may preclude a prospective employer from discovering the battery arrest.

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