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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?

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Attorney answers 3

Posted

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.

Posted

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.

Asker

Posted

I had heard about the one arrest rule. I guess I was more worried about knowing why it didn't show up because with certain jobs, I would not want to count on it not showing up in a report since it did happen and I would not want to lie, especially if its a sworn statement. But I also don't want to reveal it if I don't have to. I'll talk to a lawyer. Thank you guys for the help

Posted

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.

Asker

Posted

Thank you very much for your help. This website is a handy tool but law is often too complicated to simply explain over the internet as you well know, so with the limited info I was able to provide, your answer was helpful. I successfully completed diversion. Every charge resulted in adjudication withheld. Couldnt make the time limit for juvenile expunction because it was insanely short (6 months I believe), and it took 4 months just to get the paperwork back from the State Attorney which said that the charges were either ineligible or the paperwork wasn't done right. I cant remember exactly right now as that was about 16 months ago. I am now 19 y/o and the last arrest occurred at age 17. Ultimately I will have to talk to a lawyer and hopefully some brief advice and recommendations won't cost a poor 19 y/o student too much money

Mark S Urban Jr.

Mark S Urban Jr.

Posted

Feel free to contact me, I would not charge for the consultation.

Asker

Posted

Thank you very much. I will do that.