Legal Question in Criminal Law in Florida

My brother & I live in Miami, Florida. Back in 2009, my brother was terminated from his job. While my brother was purchasing other items, his co-worker placed a shirt in his bag without scanning it purposely. After my brother realized what his co-worker had done, he took the shirt out of his bag & placed it another basket. They were seen on camera. My brother was called to the office & asked where was the shirt, he kept telling him that he didn't know. He was scared; he's never been in trouble before. They were both charged with Petty Theft. My brother went to court & was sent to a pre trial diversion program. The charges were later "Nolle Pros Court Opt". My questions are what should he put on future job applications? Is it a conviction? Will he be able to work in restaurants, retail stores, etc.? He was 20 years old at the time.


Asked on 2/10/11, 3:32 pm

1 Answer from Attorneys
Karen Kilpatrick http://www.ExpungeRecordFlorida.com

Hi,

Your brother's arrest will show up on background checks, unless he takes action to have it expunged. If he is asked on job applications if he has ever been arrested, he would have to answer yes, but no, it is not a conviction.

He should consider having the record expunged. Once expunged, he can lawfully answer that he has never been arrested and does not have a criminal record on job applications (with certain limited circumstances dealing with law enforcement positions or positions working with vulnerable populations).

Briefly, he would be eligible for record expungement if he has no prior convictions, he has never sealed or expunged a record before, and he is not currently under court supervision.

Good luck.

Karen Kilpatrick, Esq.

Owner/www.ExpungeRecordFlorida.com

Read more
Answered on 2/10/11, 6:04 pm


Related Questions & Answers

More Criminal Law questions and answers in Florida