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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 19686
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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I am trying to find out if I need to disclose an arrest that

Customer Question

I am trying to find out if I need to disclose an arrest that happened when I was a juvenile. It was a petty theft charge and the files are sealed. I am 19 now and have no other charges. I am having a level 2 background screening done.
JA: My brothers got into lots of trouble with the law when they were young. The Criminal Lawyer will know how to get you the best outcome. Have you consulted a lawyer yet?
Customer: no i have not
JA: Please tell me everything you can about this issue so the Criminal Lawyer can help you best. Is there anything else the Criminal Lawyer should be aware of?
Customer: i did an FBI background check on myself and a state background check and no results came up.. I am just not sure if those who are getting a background check on me will be able to see what I can not
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Criminal Law
Customer: replied 5 months ago.
this is what my application is asking me.
Expert:  Marsha411JD replied 5 months ago.
Hello,Thank you for the information and your question. If this event that you refer to was just a "charge" and not a conviction that was sealed, then the only thing you have incorrectly marked on your form is the second box, which asks about sealed records. You must answer yes to that. This situation clearly falls within what that question is asking for. If you don't divulge it, and they find it, which they are likely to even if your personal paid for check has not found it (not unusual), you will likely not be be cleared. If you were convicted before it was sealed, what was the conviction for? If no conviction and you have no follow up questions, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you
Customer: replied 5 months ago.
Hello. Thank you very much for your answer. It was Larc- petit theft 2nd degree 1st offense. I was not arrested actually, on my records it says it is a "Juvenile Complaint Affidavit" and it says that it non judicial. I was put on a diversion plan which I completed.So I should only need to check the second box yes? Thank you!
Expert:  Marsha411JD replied 5 months ago.
Thank you for your reply. Without reviewing your file I can't say with certainty what happened in your case. I can say that pre-trial diversion and "adjudication withheld" are different from each other in Florida. So, if your case was diverted, then you wouldn't have to answer "yes" to the first question.
Customer: replied 5 months ago.
this is really the only information I have on it
Customer: replied 5 months ago.
this is really the only information I have on it. If this helps - do I need to check the second box on my form?
Expert:  Marsha411JD replied 5 months ago.
Thanks, ***** ***** is still not enough for me to give a conclusion about what happened in your case. The case file is necessary. But again, if you have evidence and know that you entered into pretrial diversion, then you can say "no" to withheld adjudication. If you are not sure, you need to get your file from the County where this occurred or ask your attorney.

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