QUESTION

My wife had her record expunged and the state filed "Nole Prosequi". Based on this was she ever arrested or charged with a crime.

Asked on May 29th, 2013 on Expungements - Florida
More details to this question:
She entered into a pretrial diversion and completed the program. The charge was for Petit Theft. She is confused as to how she should answer questions as to whether she was ever arrested or charged with a crime. SInce the state filed Nole Prosequi, how does that effect her?
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1 ANSWER

Simply having the charges dropped does not seal your record.  The arrest record remains there until you petition the court to have your record sealed or expunged.  Once a record is sealed or expunged you are allowed to deny having ever been arrested.  There are exceptions to the rule.  You must still disclosed a sealed or expunged record if you are a defendant in a future criminal proceeding, if you are applying for a job with law enforcement, if you are applying for membership in the Florida Bar or if you are applying to be licensed to work with children, the handicapped or the elderly.  Law Enforcement and the Federal Government always know about sealed and expunged records.  Also, in this day and age of the Internet, once an arrest takes place the facts of that arrest may remain somewhere in the Internet even if you get your record sealed. Petitioning to seal your record will put you in the best position possible.  Any formal background check will not show the arrest after the record is sealed.  All good jobs and even rental apartments conduct background checks these days, so I recommend you have your record sealed. Allen Geesey, Esq., (561) 687-7236, AGeesey@aol.com, SusnarGeeseyLaw.com
Answered on Jun 08th, 2013 at 6:15 PM

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