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  1. #1
    Join Date
    Apr 2015
    Posts
    5

    Default Will an Employer Be Able to Find Out About a Stalking Affidavit, No Charges

    My question involves criminal records for the state of: Florida

    Long story short, an ex-g/f under the duress of her parents (we were 19 at the time) filed a stalking affidavit with the police department. I was never arrested and the prosecutor never filed charges. I was never even notified about what was going on. I found out about it because I was checking out a traffic ticket I got and that popped up on the clerk of courts site and took me for surprise. It says on there that no charges were filed but that the city police have an affidavit.

    Does this show up on background checks (assuming they don't actually go to the website and enter my info)?

    If this does show up, can this type of situation be expunged in Florida (i.e. no arrest, no charges filed)?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Stalking Affidavit Filed, No Charges and No Arrest,what Shows Up Background Check

    There is no cookie-cutter background check, so it is impossible to say what might show up in a background check done by an unknown party for an unknown purpose. A background check can be as simple as verifying that you have a valid driver's license by asking you for it, or, as complex as having investigators visit your former employers, residences, and friends as well as seeking criminal records and credit history - or more. Or, anywhere in between.

    I am not familiar with FL law on these affidavits (or why the police would receive an affidavit of any kind). If it is an affidavit that is a precursor to a restraining order and the order was denied, there might be a procedure by which it can be removed, but, I would not think it would be an easy task. If it is part of a crime report, the chances are there is no mechanism for you to compel the destruction of an investigative file absent proof that she completely falsified the entire thing and a judge orders its destruction (even then, I can't say that there is a mechanism in FL that allows this).
    If you really have to get an affidavit removed from a court record you might consider speaking with an attorney familiar with family law in your jurisdiction.

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