I recently turned 24, and found out that my Juvenile record for a misdemeanor was expunged automatically by the State of FL as even doing a FDLE criminal search myself pulled no results, but I requested a rap sheet from the FBI before I turned 24 and my arrest was on their database. Will the FDLE forward that expungement to the FBI or is there something more I must do? Furthermore since I live in VA will I have to disclose this information when trying to be licensed as a nurse? Thank you in advance!
Thank you Mr. Trabin for the response but I am confused about the statement about me having to petition to the court for expungement when under s. 943.0515 Retention of criminal history records of minors: b) If the minor is not classified as a serious or habitual juvenile offender or committed to a juvenile correctional facility or juvenile prison under chapter 985, the program shall retain the minor’s criminal history record for 5 years after the date the minor reaches 19 years of age, at which time the record shall be expunged unless it meets the criteria of paragraph (2)(a) or paragraph (2)(b). Any further information would be helpful!
Criminal Defense Attorney
The FBI may not necessarily expunge a criminal history even though the arrest was expunged in Florida. The reason for this is two-fold. First, the FBI is a federal agency and is not necessarily going to follow what happens in a state-level case. Second, the FBI will often keep the histories of people as part of their database for possible future investigations.
Keep in mind it is not FDLE that sends out expungements. FDLE sends you a certification for an expungement. You take that certification and petition the court to grant you an expungement, and the court sends certified copies of its order granting the expungement to various law enforcement agencies. The FBI is usually not one of those agencies.
As for Virginia, you would want to speak with someone who is well versed in Virginia law. In Florida, it would not be necessary to disclose this information if you are trying to be licensed as a nurse. So IF Virginia has the same or substantially similar laws, then no you don't have to disclose it. IF Virginia has very different laws then you might. But Florida law provides that a Florida expungement results as if the arrest never happened and you could legally swear that you weren't arrested.
Feel free to contact me if you have any questions.
Criminal Defense Attorney
No, your juvenile arrest record does not get expunged - just the court records. You would need to file for an expungement to get both the court and arrest records expunged.
With that said, FDLE and the FBI still maintain a record of the arrest under Florida law.