QUESTION
If I was charged with misdemeanor possession of cannabis in Florida, and I had ajudification withheld, will it show up on a background check?
Asked on Mar 19th, 2013 on Criminal Law - Florida
6 ANSWERS
Yes. The court withheld adjudication of guilt which means technically there is no conviction although there is still an arrest record and court record of what happened.
The only way to remove this from your record is to petition the court to have your record sealed. You can have one record sealed in the State of Florida and only if you were not convicted (a withhold is not a conviction) and you have never had a criminal conviction.
Allen Geesey, Esq., 561 687 7236, ageesey@aol.com, SusnarGeeseyLaw.com
Answered on Mar 20th, 2013 at 3:41 PM
3 Awards
I practice in PA, but, I will say this. The wording "ajudication withheld" sounds like there is no conviction and thus, it should not appear on your record. Make sure the deal included an automatic expungement by the government to make sure the record was destroyed, otherwise, you will need to hire a lawyer to do that.
Answered on Mar 19th, 2013 at 10:50 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900
Bankruptcy Chapter 7 Attorney serving Bartow, FL
at
Lynn W. Rhodes, P.A. Attorney and Counselor at Law
Update Your Profile
Yes, that is what background checks are for.
If you qualify for having your record expunged, then it will not
Answered on Mar 19th, 2013 at 4:30 PM
1 Award
It depends on how thorough the background check is. Some companies do better background checks than others. It is most likely that it will show up in most background checks. However, if the essence of your question is whether the "withhold of adjudication" will keep it from being revealed in a background check, the answer is "no."
If you have never been adjudicated "guilty" of any criminal offense, you might qualify to have the misdemeanor possession charge sealed. However, even if you succeed in getting it sealed, there are a number of agencies/employers that will still be able to get if when they do a background check on you (e.g., law enforcement agencies, Department of Juvenile Justice, school boards, etc.). By Florida law, you can never seal/expunge a record if you were ever convicted of a crime. If you have never been convicted (adjudicated guilty), you may be able to get a charge, on which adjudication was withheld, sealed and eventually expunged. However, in that situation you are limited to just one charge (or potentially more than one charge if the charges stemmed from the same incident) in a lifetime under Florida law.
Answered on Mar 19th, 2013 at 4:25 PM
Personal Injury Attorney serving South Pasadena, FL
at
The Law Offices of Charles D. Scott PLLC
Update Your Profile
Yes, a criminal charge will still show up on a background check even if adjudication is withheld. The only way it would not show up is if you go through the process of "record sealing". All that is meant by the withhold is that the court did not formally adjudicate you guilty, however the record of the arrest and charges will remain a public records unless it is sealed.
Answered on Mar 19th, 2013 at 3:15 PM
All Criminal Charges, State and Federal, Felony and Misdemeanor, including DUI Attorney serving West Palm Beach, FL
at
The Law Offices of David W. Olson
Update Your Profile
Yes, it will show up during a search of the public record. Fortunately the indication there will be that adjudication was withheld. However, because that doesn't mean much to most people, you should consider pursuing the sealing of your record. If you have no prior criminal convictions you would likely succeed, which would make your record invisible to the public. You would further be allowed, lawfully, to deny ever having been charged or arrested, in most contexts.
Answered on Mar 19th, 2013 at 3:11 PM