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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26411
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have a question on an offense in another state and how it

Customer Question

I have a question on an offense in another state and how it is looked at in florida for state and county hiring
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: I pled guilty to a Summary charge of harassment - subject other to physical contact. This stemmed from an altercation with a live in girlfriend. In PA is is not considered a misdemeanor. I paid a fine. I am applying/interviewing for state positions that require a level 2 background check and I am concerned how Florida is going to interpret this
JA: What state is this in? And can you tell me a little more about the charge?
Customer: The charge was in Pennsylvania
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I compose a reply for you.

Customer: replied 6 months ago.
The level 2 background paperwork says if I have ever been convicted of "criminal offenses that constitute domestic violence, whether committed in Florida or another jurisdiction". I am questioning if I should check the box on the form next to this and is this considered a domestic violence crime in Florida.
Expert:  Zoey_ JD replied 6 months ago.

Pennsylvania will expunge summary offenses, so you really ought to look into that. Then, unless you were applying for a government position, nobody would be able to see this conviction.

Otherwise, although a summary offense is considered something less than a crime in Pennsylvania, it is still a criminal offense and would turn up on a background check. If the complainant on the harassment matter was a present or former domestic partner and involved the use of force or threatned use of force, then you should check yes, and then indicate somewhere that it was an infraction and not a misdemeanor. Otherwise, you can check no.

Customer: replied 6 months ago.
I am looking into getting it expunged, but from my understanding they will not till it is at lease 5 years passed when the conviction occurred. (?)
Expert:  Zoey_ JD replied 6 months ago.

Yes. You are correct. Unless you resolved the summary offense with ARD, there is a 5-year waiting period.

Expert:  Zoey_ JD replied 6 months ago.

If you require additional information, please post your follow up here on this question thread, and I’ll be happy to provide it.

Expert:  Zoey_ JD replied 6 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.