Criminal Law Questions? Ask a Criminal Lawyer.
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.
both in FL...
juvenile diversion program and expungement for incident when she was 15
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
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.
she interviewed for a museum position and did not get hired because of background screening
she did not disclose during interview
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).