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dkennedy
dkennedy, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 6009
Experience:  J.D. degree, 15 years practice
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my daughter AT AGE 19 got arrested while with a friend who was shoplifting IN MACYS (A BRA

Customer Question

my daughter AT AGE 19 got arrested while with a friend who was shoplifting IN MACYS (A BRA!), both college students were required to do community service., NOT SURE HOW SHE PLEADED/ Can the record be expunged? SHE HAS A JUVENILE RECORD EXPUNGED IN FLORIDA. THE INCIDENT OCCURRED FIVE YEARS AGO BUT SHOWED UP ON A JOB BACKGROUND SCREENING
Submitted: 4 years ago.
Category: Criminal Law
Expert:  dkennedy replied 4 years ago.

dkennedy :

Hello,

dkennedy :

I would like to chat with you concerning this matter. I am assuming this took place in Florida as well? I will check back periodically to see if you are online or have posted some follow up information.

Customer :

both in FL...

Customer :

juvenile diversion program and expungement for incident when she was 15

Customer :

diversion program also in tallahassee while away at college age 19 with community service served...supposed to be expunged ..but still shows up when she interviewed at museum

Customer :

in speaking with her she says no charges were presented in trial/court...and that when she went to turn in community service hour completion that she was told that she did not even need to do have completed the actual community service because no charges had been filed..The incident in tallahassee was in 2/2007..she was picked up arrested with friend because her friend shoplifted.

Customer :

she interviewed for a museum position and did not get hired because of background screening

Customer :

she did not disclose during interview

dkennedy :

Very likely her "arrest" is showing up, without any conviction or anything. People such as job interviewers cannot always tell the difference. She should ask Florida for a printout of her criminal history and see for herself what it says. I am almost positive that an arrest without a conviction can be expunged in that state, but I will double check on the laws. She needs to see what they are seeing. Arrests often stay on the record because no one bothers to ask that it specifically be expunged.

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