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I applied for a position at the state attorney office in…

I applied for a...

I applied for a position at the state attorney office in Miami. Passed all my pre-employment test. I was asked on the application if I was arrested and I answered yes, and my charges stem back to 1985 misdemeanor child abuse and adjudication was withheld and 1996 all charges where drop. Can they not give me the job because of my arrest background?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

Filed or reported regarding what?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. Nothing

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Answered in 5 minutes by:
3/5/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,685
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Employment in FL is deemed at will, which means the SA office can decide who to hire or not hire for any reason at all as long as it is not based ONLY on age/race/sex/disability/national origin.

Generally, a NON-CONVICTION is not grounds to deny employment, but an adjudication withheld, while it is not a conviction is also not a dismissed charge and they could choose to use that as a reason not to hire you and under at will employment laws you would not have any recourse if they do so.

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Customer reply replied 5 months ago
Very good service

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Customer reply replied 5 months ago
I give the service 5 stars
Customer reply replied 5 months ago
Can I expunge a withheld ajudication from my record and charges that where dropped. These are (2) desperate incidents. The first one in 1985 and the oth we in 1996.
Customer reply replied 5 months ago
They are holding me back from getting State and Federal jobs.

Thank you for your reply.

You can file a motion to dismiss the charge and then when the court dismisses the charge, you can file to expunge the charges. You need to file to seek to have the court dismiss the case first and then it can be expunged

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Customer reply replied 5 months ago
Thank you. This site is very informative. I wish I knew it about it 35 years ago. I would probably be retired by now. This has get off my record and it must go Now!!! Again thank you very much.

Thank you very much.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,685
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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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).

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