Legal Question in Criminal Law in Florida

A 17 y/o ingested a Xanax provided by another student.The 17 y/o was asked by the school sheriff if he had a pill, the 17 y/o indicated he had ingested the pill.The boy was brought home to his father by the officer.The boy was never arrested,fingerprinted,but was charge with synth narcotic-possess-wit sell MFG or deliver schedule 1 or 2.The boy was send to teen court and completed all requirement .With teen court stated to dropped all charges.as the teen is trying to sign up for the Army a Felony Criminal Record appears,he presented a request for expunged and was denied .?What can be done to resolved this issued?


Asked on 1/10/10, 7:04 am

2 Answers from Attorneys
Don Waggoner Don Waggoner Law, P.A.

Why was he denied expungement? He really doesn't need it if the charges were dismissed because of Teen Court. Additionally, how could they have proved he had possession of any drug. His own admission would have been inadmissible unless they could have provided enough to prove a prima facie case for a crime, which I doubt they could have. It is not possession once the drug is ingested.

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Answered on 1/15/10, 7:19 am
Jeanette Bigney Jeanette Dejuras Bigney, P.A.

There are two types of expunction for juveniles; regular expunction and post-diversionary expunction. Based upon the language of your question, I am uncertain if the Certificate of Eligibility was denied or whether the actual petition to expunge was denied.

When answering personal questions for the purpose of a background check, always look at the language of the question. For example, "Have you ever been CHARGED with a crime ....?" versus, "Have you ever been CONVICTED of a crime...?

It sounds like there are a couple of issues. The best starting point would be to review the court file.

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Answered on 1/15/10, 8:02 am


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