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Does Florida background checks honor a felony modified to misdemeanor? It was modified in Indiana.

Bradenton, FL |

It was modified to misdemeanor in Indiana, and it showed up as a felony in Florida.

Attorney Answers 3

Posted

Who conducted the background check and what data base did they utilize? If it is based upon the court records in Indiana, then contact a lawyer in Indiana to have them look into correcting the problem. You someone else may be misreading a NCIC printout or FCIC printout. These are federal and state database on criminal activity of individuals.

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Posted

Frequently incorrect information can be transmitted by the clerk's office to the ncic, or it can be inputted incorrectly. Contact the clerk in Indiana, get a certified copy and you can contact FDLE and have them correct FCIC.

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Posted

I agree with my colleagues above. Many times, these "background checks" reveal incorrect information. The only true background check is run through the federal NCIC FCIC system. But even then, when there are events that occur in multiple jurisdictions, it is difficult to determine what the accurate resolution of the charge was. The only true indicator would be the final disposition from the case in Indiana. Do you have a copy of the paperwork you received when you closed your case? If not, you would need to contact the Clerk of Courts for the county in Indiana where your case originated from. I hope this helps.

Be careful what information you put on this website. Information you post is not confidential. You may contact me for a free consultation. Grant@dnslaw.com

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Asker

Posted

I contacted the Clerk of court and received certified disposition, arrest and modification. After review,we were still flagged by DCF for a felony. I contacted Indiana Attorney, and he said they wouldn't correct it in the system because there system shows the modification. Thanks a lot for your insight.

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