Legal Question in Criminal Law in Florida

My son was charged with a Misdemeaner and it was aspunged. If he is asked on a job application if he was convicted of a misdemeaner, how should he asnswer?


Asked on 8/27/09, 9:04 am

1 Answer from Attorneys

Don Waggoner Don Waggoner Law, P.A.

These questions are hard to answer. If he was convicted, the truthful answer would be yes to an adult crime. The truthful answer to a juvenile crime is no, because juveniles are not "convicted," they are adjudicated "delinquent." Just because a crime was expunged, doesn't mean you don't have to tell an employer about it, especially if that employer is the government and asks directly, or a college or grad school. Expungement only means that the record has been sealed, and taken off the clerks website and hopefully out of the law enforcement public database. It doesn't mean that it doesn't exist or can never be found. Certain agencies can ask for these records. Therefore, it is unlikely that if your son told the employer he had never been convicted of that crime, even if he had been, it is unlikely a regular employer will discover the case. So, I would tell him to answer no.

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Answered on 8/27/09, 9:16 am


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