I am currently 17 years old. When I was 14, I was arrested(and fingerprinted) for unarmed burglary of an unoccupied stature. The charge was later dropped to a misdemeanor-trespassing because of a lack of evidence to justify burglary, then the tres...
There is a mistaken belief among the public, and most attorneys, that all juvenile criminal history is non-public. They are mistaken. While the judicial court records of a criminal case, i.e. what is actually in the court file, is non-public, the non-judicial records, i.e. the police department records, are public records. Moreover, the historical record of all juvenile arrests show up on background check, unless the juvenile reaches their 24th birthday, at which time they are automatically expunged, or the juvenile petitions for a court-ordered sealing/expungement prior to their 24th birthday.
More problematic to you, is that even if you petitioned to seal your records, Florida law requires any person looking to be licensed with the Department of Health to reveal the historical fact of any arrest, juvenile or adult, regardless of whether they have ever had their record sealed or expunged. So a sealing or expungement would not assist you for this particular situation. With that said though, this exception to the general rule that you can lawfully deny the history of an arrest does not apply when you seek private employment. Meaning that once licensed, you would not have to reveal the history to a potential employer if it was lawfully sealed or expunged.See question
Does the concept and the term itself apply to criminal cases as well as civil cases. If so, obviously the prosecution can never ask for summary judgement just the defense right?
There is no summary judgment in criminal cases. The closest mechanism is a Motion to Dismiss based upon undisputed factual grounds. These are rarely granted. The next closest mechanism is what is called a judgment of acquittal, which is made during the trial. It can be made by either the prosecutor or the defense, although it is almost always made by the defense.See question
I was working for an employer for 6 months. During that time, my wife did some background checking and found that my employer was not following proper protocol regarding employment. She told me and then she went to my employers web site and wrot...
An injunction is not a misdemeanor, it is a civil order of protection that does show up on a criminal background check. Further, your wife can move to dissolve the injunction, which will cause it to no longer show up on a criminal background check. I would suggest hiring a lawyer to handle the process for you.See question
5 years ago I was arrested for petty theft. The case was dismissed with Nolle Pros. I married a US citizen and I am ajusting status. I was granted advanced parole under DACA to see my ill grandmother. Will I have problems re-entering the US?
As I understand advance parole, it is supposed to provide you assurance you will not have any problem reentering the United States.See question
Question states it all.
Yes, it is legal. However, if the person turns 24 before the minor turns 18, it is illegal.See question
I got in an accident almost a year ago with a woman driving a Hertz vehicle. She turned out of a plaza and hit me on the passenger side while I was in the left-hand turn lane. My ticket was dismissed in court. Hertz contacted us to pay the damag...
To be candid, the insurance company is not going to change their position. Your only option is to either sue the other driver or have your insurance company work it out with the other driver.See question
Hi so my girlfriend had got a new felony charge in orange county FL. She was on felony probation in osceola and misdemeanor probation in orange county. She was sentenced to 6 mths in osceola county she became a trustee and had a projectes releas...
No, good and gain time for people sentenced to county jail is county specific. If the person was sentenced to prison, they won't good or gain time will not accrue until you get to prison.See question
I was summoned to appear in court for Violation of Probation in April. Apparently, unknown to me, one of the stipulations of probation was to get a drivers license reinstated. As I explained to the judge at the hearing, I have been unsuccessful wi...
Sounds like you should have hired an attorney. An attorney probably could have gotten the VOP dismissed since inability beyond your control is a defense.See question
I was grocery shopping at walmart and before checking out I decided to sinfully get an order of cheese sticks and jalapeno poppers from the Deli. I walk over to the salad and I take a bite of a cheese stick and give my boyfriend the other half. 2 ...
Truthfully, there is nothing you can do to get WalMart to drop the charges.See question