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Why is part of my record not showing up in a criminal background check if it all happened in FL?

Tallahassee, FL |

First off, all of my criminal record occurred as a juvenile. Recently I submitted paperwork for a personal review to the Florida Department of Law Enforcement (FDLE). I did this because for two years I've been working on trying to seal/expunge as much of my record as possible. Florida is the state where my arrests occurred and all but one (M.I.P in bay county) happened in Tallahassee. My original arrest, plead no contest, was fingerprinted, and put in a diversion program. During the program, I violated probation in bay county with the M.I.P and also in Tallahassee with marijuana possession and equipment charges. When I received the record from FDLE, it only included the original arrest. Not the violations. I can understand why the Bay county wouldn't show, but the Tallahassee one?

Attorney Answers 3

  1. You can only get one expungement in your lifetime, for one incident which qualifies. You need to see an attorney in your area to discuss these issues and determine what it would be best to do.

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.

  2. I agree with attorney DeGroot. You should go see a lawyer.
    You can only seal/expunge one time and may be ineligible if you have other significant criminal offenses.
    Also the juvenile matters depending on the background check performed may not appear because you were a minor at the time and certain databases preclude disclosure of offenses with minors.
    You should contact a lawyer.
    Good Luck.

  3. There are a number of factors at play here that are causing some but not all of your criminal record to appear. I will give a brief explanation based on the limited information you provided but my ending recommendation is going to be the same as my colleagues: you need to meet with an attorney to completely diagnose this issue and take steps to remedy.
    Some potential issues at play are: your current age, whether you successfully completed the diversion program, whether you timely exercised your option to use a diversion juvenile expungement, and what the final sentences were on your various charges.
    There is a statute allowing for an expungment of charges following successful completion of a juvenile diversion program. This expungement would not count towards the one per lifetime limit. If this was timely used and you have other arrests on your record that are expungment eligible, you may be able to get another bite at the expungment apple so to speak.
    Next, if any of your charges resulted in a withhold of adjudication, you could seek to have one of those charges sealed. You can only exercise this option on one of your charges though.
    Bottom line, you need to sit down with a local attorney, review the sentences and determine what your options are based on your situation.
    Also, your current age may play a role in why some of your juvenile charges are not showing up on your criminal record.

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