How should I answer my questions?

Asked almost 4 years ago - Tampa, FL

I was charged with fleeing and eluding a cop in Florida which the court reduced to reckless driving and put an adjudication withheld on my file. I was looking at court docs online and I see that the file is still on there. My question is how should I answer on my job applications? will this come up on my background check? Is this why I can't find a job in Florida? What should I do? Since my bad decision, I have graduated from college and started my own family.

Attorney answers (3)

  1. Michael D. Fluke

    Pro

    Contributor Level 15

    Answered . If adjudication was withheld, you are not convicted on the charge and the answer to any question regarding conviction should be NO. With that in mind, the Federal Government does not acknowledge the term withhold and a private company can view it however they like. A reckless driving is a misdemeanor and I have a hard time believing that you are not being hired due to a misdemanor as opposed to the current economy and job market. If you really feel this is the reason for the rejections you have received, you should contact a local Criminal Defense attorney who handles sealings and expungments. I do not handle these and I am not sure, but you may qualify for sealing. Craig Epifanio is on the avvo website and I know he handles these. Good luck.

  2. Eduardo A. Suarez

    Contributor Level 9

    Answered . The short answer to your question is, probably yes. I practice in Tampa and feel reasonably certain that most, if not all of our judges will pleased that you have not been trouble during the last 6 years and will be far more interested in seeing you complete probation than in incarcerating you. As some of the other lawyers have said, it is very important that you immediately retain a lawyer to help get this matter resolved. I hope this helps. Good luck.

  3. Eduardo A. Suarez

    Contributor Level 9

    Answered . A withhold of adjudication means that you were not formally convicted, which means you can truthfully say that you have never been convicted of a crime but the record of your arrest and court disposition are public records and visible to anyone doing a background check. Florida law provides that you can seal your criminal history once in your life. If you seal the records pertaining to this arrest, they would be removed from public view and, although there are certain exceptions, you would be generally entitled to lawfully deny having ever been arrested.
    Sealing your records is a fairly involved process and I would recommend that you hire a lawyer to help with you that if you choose to pursue it.
    I hope this helped – Good luck.

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