Results 1 to 2 of 2
  1. #1
    Join Date
    Jan 2010
    Posts
    2

    Default What's On My Criminal Record After a Deferred Adjudication of a Felony is Sealed

    My question involves criminal records for the state of: FLORIDA. Many questions seem the same and I was looking for an answer to another but didn't quite find the circumstances.

    Like a few others, I have had to apply for jobs in fields other than the one I called my career for over thirty yeas. I am in my sixties and looking is tough enough without having a blemish on your record so it is hard to tell whether I am getting passed over for age, experience (or lack of) or the record.

    In 1974, I was arrested and charged with 4 counts of sale/4 counts of possession of a controlled substance (pot). I had never been arrested for anything before that. I was in my early twenties. My employer bailed me out
    and loaned me money for defense counsel. That doesn't happen these days!

    A year later I was given 5 years probation (which I was released from after about 2 years) and the court withheld adjudication of guilt.

    In the 80s, I had the matter sealed.

    Each employer is different about these questions but some use every angle to know, one way or another, if you have ever broken the law in any way.

    I want to know if something as old as this (A)shows as an arrest on a background check, (B) if the matter of the proceedings is revealed as ever having happened (C) if I can answer the question about a "conviction" with NO and be truthful?

    On some applications, employers ask if you have ever pleased guilty or nolo contendre to a felony charge? So, if the decision of the court was adjudication withheld based on Nolo Contest -even though there was no conviction, do you still have to answer YES?

    Further, some applications ask about pleadings and convictions to misdemeanors and request dates. Throughout my life, I have had dozens of traffic cases and sorry, I didn't keep a log. (1)How important is it that you be precise with the answers to that kind of question? (2) Would it be worth it to get these records expunged even though they are sealed? I mean I don't have too many years left to work.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What's On My Criminal Record After a Deferred Adjudication of a Felony is Sealed

    Read this statute, especially subsection (4). In pertinent part,
    Quote Quoting Florida Statutes, Sec. 943.0585(4)(a) - Court-ordered expunction of criminal history records
    (a) The person who is the subject of a criminal history record that is expunged under this section or under other provisions of law, including former s. 893.14, former s. 901.33, and former s. 943.058, may lawfully deny or fail to acknowledge the arrests covered by the expunged record, except when the subject of the record:
    1. Is a candidate for employment with a criminal justice agency;
    2. Is a defendant in a criminal prosecution;
    3. Concurrently or subsequently petitions for relief under this section or s. 943.059;
    4. Is a candidate for admission to The Florida Bar;
    5. Is seeking to be employed or licensed by or to contract with the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly as provided in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), chapter 916, s. 985.644, chapter 400, or chapter 429;
    6. Is seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities; or
    7. Is seeking authorization from a seaport listed in s. 311.09 for employment within or access to one or more of such seaports pursuant to s. 311.12.

    1. Sponsored Links
       

Similar Threads

  1. Probation and Parole: Deferred Adjudication for a Felony
    By vantex in forum Probation, Parole and Incarceration
    Replies: 2
    Last Post: 10-20-2008, 01:16 PM
  2. Expungement and Sealing: Misdemeanor Conviction and Felony Deferred Adjudication in Texas
    By grod69 in forum Criminal Records
    Replies: 1
    Last Post: 07-08-2008, 09:24 PM
  3. Expungement and Sealing: Deferred Adjudication For a Felony Charge In Texas
    By mwis76 in forum Criminal Records
    Replies: 1
    Last Post: 03-11-2008, 06:13 PM
  4. Criminal Records: How Does Deferred Adjudication Appear On A Criminal Record
    By jlee777 in forum Criminal Records
    Replies: 1
    Last Post: 08-18-2007, 01:10 PM
  5. Probation and Parole: When is Deferred Adjudication Probation Off the Record?
    By kristileigh23 in forum Probation, Parole and Incarceration
    Replies: 3
    Last Post: 03-27-2006, 04:25 PM
 
 
Sponsored Links

Legal Help, Information and Resources