The question is: "Have you EVER been convicted of, or entered a plea of guilty, nolo contendere, or no contest to, a crime in any jurisdiction other than a minor traffic offense? You must include all misdemeanors and felonies, even if adjudication was withheld. Reckless driving, driving while license suspended or revoked (DWLSR), driving under the influence (DUI) or driving while impaired (DWI) are not minor traffic offenses for purposes of this question."
I have a case from June 2012 for charges: Larceny-Grand Theft 300 Less than 5K dollars (3rd degree) and outcome was: Completion of Pretrial Diversion, Nolle Prosequi filed.
I'm leaning towards the belief that I can answer "NO". I do not see any indication that this is asking about an arrest, although I know the FL Board of Nursing does do a FDLE 2 background check. Any advice? THANKS
You can answer "no" but my advise is to disclose.
They are going to find out about it anyhow.
Better they find out from you than on their own.
No lawyer can tell you either how thoroughly some other person / entity will go in conducting a background check or what such an examination may or may not reveal.
That said, unfortunately, it is probably a safe bet to assume that if you were arrested anytime in the digital age then your criminal record will almost certainly remain with you forever. To some degree or another this is true regardless of whether your ultimately seal or expunge a case. All arrests are matters of public record, and, even if they are subsequently removed from the public record they still remain alive and well in various private records. This is one down-side to technology.
You might want to do your own background check to see what pops up. Forewarned is forearmed. If your prior indiscretion appears then, for better or for worse, you are probably best advised to take the wind out of the sails by admitting your past issues / indiscretions to your present (or potential) employer, lender, landlord, licensing authority, admissions committee, etcetera, rather than waiting for them to find out on their own, but that's a personal, not a legal, decision.
Wishing you luck and hoping that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
Assuming there are no other charges, I agree with you - you can answer ‘no.’ Had this been an employer application, you may want to err on the side of disclosure, but it’s not. You can lawfully and accurately deny ever having entered a plea of guilty, nolo or no contest.
Technically, you should be permitted to answer "no". Keep in mind, however, that unless the nolle pros was sealed and/or expunged, there will be a record of the arrest on county clerk systems as well as other websites and data bases. You may want to consider disclosing the arrest and dismissal but this is a personal decision.
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