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16 year old charged with aggrivated assault. Adjudifacation withheld will this be on adult background check

Hollywood, FL |

16 year old son charged with aggrivated assault adjudifacation withheld did community service and probation was over when he completed community service. Will this show up on adult background check for work

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Attorney answers 5

Posted

The answer is it shouldn't. In the age of the Internet, is difficult to say that with certainty. Theoretically, your son is a juvenile and that record is not public record. A withhold of adjudication means that there is no conviction.

Free Consultations can be made by calling 407-617-1064. Please understand that the information given is not to be construed as legal advice. More information would be needed in order to make more accurate legal determinations on your matter. Furthermore, an attorney-client relationship does not begin until a retainer agreement has been signed by the attorney and client.

Posted

If he was charged as a juvenile in FL then the answer is absolutely not. (All juvenile records in FL are confidential.)

If he was charged as an adult in FL (including being arrested as a child and then direct-filed or otherwise bound-up to adult court for prosecution) then the answer is absolutely yes. (All adult records in FL are public records unless they are sealed or expunged.)

Dean George Tsourakis

Dean George Tsourakis

Posted

Juvenile records are now being released by fdle.

Michael Adam Haber

Michael Adam Haber

Posted

This is news to me. I hope that you are incorrect but will look into it myself. Juvenile records are statutorily confidential. I'd like to see the authority for FDLE to violate state law.

Dean George Tsourakis

Dean George Tsourakis

Posted

i have been hired several times in the last two years to seal juvenile records. FDLE got it passed very quietly. Now they get paid for releasing the information and doing the certificate of eligibility for the sealing. I contacted the head of Juvenile at the SAO where I worked for 20 years and she outlined the whole thing. Many people are in for big surprises when they apply to colleges and graduate schools. The case that I learned this on was an applicant to Ohi State medical school.

Michael Adam Haber

Michael Adam Haber

Posted

I don't disbelieve you.... I just want to know on what authority that FDLE is able to avoid the very clear language in 39.0132 which plainly states (in (3)) that ... "All court records required by this chapter shall not be open to inspection by the public. All records shall be inspected only upon order of the court by persons deemed by the court to have a proper interest therein..."

Posted

I agree with Mr. Haber but I add the following caveat. I have heard from many clients and prospective sealing/expungement clients that their children are being denied jobs and place to rent based upon there juvenile charges (even misdemeanor petit thefts). I am not sure why as I agree that the records should be confidential. So somehow these background companies are getting access to these records.
I hope it does not show up for your son's sake. Good luck to him!

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. 407-588-6714 bill@thelawman.net

Michael Adam Haber

Michael Adam Haber

Posted

Tyvm.

Posted

I would consider sealing his record if he is eligible. Although it is not public record, the information has a way of getting out. To see if he is eligible, you need to go through a check list. You can check with the FDLE or click on the attached link.

Posted

i disagree with Mr. Hauser. Fdle is now releasing juvenile records. Your son may be able to seal his case if he qualifies, since it was a withhold of adjudication.

Michael Adam Haber

Michael Adam Haber

Posted

This is news to me. I hope that you are incorrect but will look into it myself. Juvenile records are statutorily confidential. I'd like to see the authority for FDLE to violate state law.

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