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If I was arrested, but not convicted of a misdemeanor charge of petty theft, will the arrest show up in a background check?

Kissimmee, FL |
Filed under: Criminal defense

When I was 15 I was was arrested for petty theft ($20), and it was a misdemeanor. Since it was my first offense, the state of Florida dropped my charges. I went through the teen court process to get it expunged from my record. I got through the program successfully, so they told me that the charge got expunged from my record. I'm 17 now, and got a job offer in fast food. I had my interview, and the manager told me that got the job, he just has to background check me and drug test me. With the charges expunged from my record, will the arrest still show up on my background check? And does the manager have the right to not hire me because of the arrest??

Attorney Answers 3


If you had the charges expunged through FDLE you can put on your application that you have not been arrested. In addition, if you were a juvenile these charges should not generally be available for joe public to view.

However, if you went through teen court the state probably never filed a petition against you and therefore in my opinion there is nothing on your record to begin with. You should not have any problems from a backgRound check.

The information presented is for information purposes only based on the information provided. An attorney client relationship is not formed.

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Just because you completed teen court does not mean your record was expunged unless someone did an expungments for you. There is a mechanism for juveniles to expunge diversion cases but not sure if you did. Please look into whether your charge was expunged. Ask your parents. As far as right to hire, I believe an employer can refuse to hire you bc of arrest. In many instances a fast food should not be able to see your misdemeanor juvenile theft charge. Good luck to you!

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-228-3838 and specifically mention AVVO or email me at and put AVVO in the subject line.

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As a juvenile your record is not able to been seen by anyone other than lawenforcement and certain government agencies. I don't believe your potential employer will be able to see anything.
Good luck on your new job.

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