Criminal record question

Asked about 3 years ago - Tampa, FL

i served probation for a felony battery charge, my case was not ajudicated so do i have a criminalrecord or just an arrest record

Attorney answers (3)

  1. Patrick Nelson Leduc

    Contributor Level 7

    9

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    chosen by asker

    Answered . In point of fact, you do have a record. Any background check is going to disclose your arrest, and the fact that you did probation. This is all public record. Even an arrest, resulting in the charges being no filed by the State Attorney, will come up in a background check by prospective employers. I am seeing this all the time, and it is amazing how it can negatively impact your employment prospects. For example, say you were simply arrested, but not charged by the State Attorney for simple possession of a misdemeanor amount of cannabis. That arrest, by itself, would preclude you from being allowed to enroll in a nursing program right here at Hillsborough Community College. The arrest would come up in any background check. Scary stuff! Because you could be completely innocent of this, but still impacted in a negative way!

    But I have good news. You are eligible to having the charge sealed by the Florida Dept of Law Enforcement (FDLE). To seal your record, all you need to do is fill out some paperwork, have yourself fingerprinted, and get from the Clerk of the Court a certified record of the court's sentence. You would send that along with a $75 check made payable to FDLE. The process is taking around 4 months (they claim 30 calendar days, but expect 4 months) to have your record sealed.

    By sealing your record, except for law enforcement, your records will be hidden from view during most background checks by prospective employers.

  2. David P. Gilbert

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . Both, but no conviction (if adjudication withheld).

    Avvo.com answers provided solely for informational purposes. Answers are not legal advice and should not be relied... more
  3. Jorge Luis Rodriguez

    Contributor Level 15

    1

    Lawyer agrees

    Answered . If the court withheld adjudication, you would not have a conviction. You can verify this with the court or the Florida Department of Law Enfocrement (FDLE).

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