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I had a possion drug charge in 1993. Pleaded "no-low" and completed prob and community service--supposed to be expunged.

Atlanta, GA |

This happened in Florida. Was told it would be expunged. It just showed up on a background check as "Controlled Possion?" I was told it would not show up after completing all requirements. I am very concerned this will show up when I apply for a new job. I have not had any issues since.

Attorney Answers 3


You need to speak with an attorney in Florida.

Darrell B. Reynolds,
Attorney and Counselor at Law
2385 Lawrenceville Highway, Ste D
Decatur, Ga. 30033

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A GA attorney can't help you here. You need to ask a FL attorney.

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Unfortunately, what often shows up on employer background checks is the arrest record from the GCIC statewide law enforcement database. Unlike convictions, which can be expunged from a person's record, an arrest will always show up on a thorough background check using the GCIC database or other local, state or federal law enforcement databases.

Typically, in a pre-trial diversion or first offender case, the charges are often "dismissed" after the individual has met certain court ordered criteria such as completion of community service or the payment of a fine. However, whether such a disposition shows up on a law enforcement records check is a more complicated and uncertain question.

This answer is NOT specific to the state of Florida.

This answer is meant to be general, educational and informative and should not be construed as legal advice. Depending on the specific circumstances of your case, I would consult a knowledgeable attorney in your area.

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