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Post and Forfeit?

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georgiapolo

Guest
What is the name of your state? Florida
I am currently trying to apply for a temporary teaching certificate in Florida. I am wondering if I need to inlclude the following situation on my application:
In college, I was arrested at a protest in Washington DC. We were held in jail, and then I paid a $50 post and forfeit fee and was told the matter could be expunged from my records.
Does this arrest need to be included on job applications and the teaching certificate application?
Thanks
 


CdwJava

Senior Member
It depends on FL state law. You would probably have to ask a FL labor attorney that question. If FL law allows employers to ask about "arrests", at this point, I'd say you have to answer that you had been.

Why didn't you think about this before the protest? It's a logical result of protests that get out of hand - getting arrested.

If you are in a job or career that might be effected by the arrest you either stick to your guns and suffer the consequences, or, you stay home, watch from TV and write nasty letters and e-mails to "evil" Republicans.

Carl
 

JETX

Senior Member
Actually, it depends on the EXACT wording of the application. If it says something like, "Have you ever been arrested?", then yes, you need to include it.
If it says something like "Have you ever been arrested of a felony?", then no you wouldn't have to include it.

So, EXACTLY what does it ask??

Oh, BTW, the 'post and forfeit' merely means that you admitted guilt and the bond was applied to pay the penalty, so yes, you would have been convicted of the charge.
 
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georgiapolo

Guest
certification question

DIrectly quoted from CERTIFICATION application:
Have you ever had any record sealed or expunged in which you were convicted, found guilty, had adjudication withheld, entered a pretrial diversion program, or pled guilty or nolo contendere (no contest) to a criminal offense other than a minor traffic violation (DUI is NOT a minor traffic violation)? Failure to answer this question accurately could cause denial of a certificate.

I did not "seal" or "expunge" the arrest, although I was told I could. This question brought up whether the arrest was on my record or not, and whether I needed to cite it.
On the actual JOB application, the question is "Have you ever been charged, convicted, or found guilty of a criminal offense other than a minor traffic violation and such record was sealed or expunged?"
 

JETX

Senior Member
The question you have provided is a little curious. The reason I say this is that the question you provided includes the AND was sealed or expunged. That is so exclusive as to make me believe that either they are only concerned about finding your 'hidden' problems.... with the obvious reason that they will do an extensive background and find any others. Or, there is another question that does NOT have that specific inclusion.
 
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georgiapolo

Guest
That is sort of where I was going with it as well. I know there is not another question on the job application (the second quote), so I assume they will do a thorough background check. I think, and I wonder if you agree this is a correct course of action, that I will go with the exact working of the certificate application and say that no, I have not sealed or expunged anything.
Thanks for your help...
 

JETX

Senior Member
Of course you can say no... but then you may never get a chance to explain what might be taken as deceptive when/if they find your record. Personally, I would simply respond that you were 'arrested during a protest' in college but have gained maturity since then. Much better than being perceived as lying on your application.
And if you have any type of personal interview, be sure to mention it and its disposition.
 
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georgiapolo

Guest
So, even though the question specifically asks whether or not files have been sealed or expunged and they haven't, I should offer this arrest to them? I would think actually having a record sealed would be considered more deceptive than just leaving it on my record and not trying to cover it up...
There definately will not be an interview for the certification, but (hopefully) there will be one for the job application.
What I meant on my last post was not that I would lie and say I wasn't arrested, but that I would mark "no": I have not had any records "sealed" or "expunged". It's all out on the table, nothing's hidden...I guess I think this is more in answer of what the wording is technically asking. I'm not trying to be deceptive, just trying to answer the questions without giving them more than they're asking for.
So, you think, by the wording, that they're asking if I've ever been arrested, straight up?
 

JETX

Senior Member
It really doesn't matter to me what you tell them. I was only concerned that IF the employer or certification board were to find out about this incident and you didn't disclose it at some time or another, they will likely perceive your application as being deceitful or a flat out lie. And if that were to happen, I doubt that anyone in authority would accept your "But the question asked if the record had been expunged or sealed" explanation.

Your termination for lying on the application would be far more harmful to your career than simply admitting a stupid juvenile misdemeanor protest arrest.
But do what you want.
 

rmet4nzkx

Senior Member
Try this:
http://www.fldoe.org/edcert/
FDOE Mailing Address and Main Numbers
Florida Department of Education
Office of the Commissioner
Turlington Building, Suite 1514
325 West Gaines Street
Tallahassee, Florida 32399 Phone: (850) 245-0505
Suncom: 205-0505
Fax: (850) 245-9667
Suncom Fax: 205-9667
Contacts for Common Questions & Issues
The following is a list of the most common issues and the phone numbers and email addresses that should be used. In order to serve you quickly and in a timely fashion, please choose the appropriate email address from the topics below.

* Educator Certification Questions:
o In state toll free number: 800-445-6739
o Out of state number: 850-488-2317
o Email Address: [email protected]
 

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