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  1. #1
    kwalker2 is offline Junior Member
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    Question can a misdemeanor prevent me from employment

    What is the name of your state? Florida

    I recently recieved a misdemeanor charge for bringing illegal substance into a correctional facility. I was caught in a situation and i pled to the lesser charge instead of sitting there and trying to fight it. Now I didnt get arrested arrested but i was fingerprinted, photographed ,and just had to pay a fine. now i am working and they do background checks. i wrote on my application that i have a misdemeanor but now i am wondering if that could cause me my job. this is my first offense. . can someone give me advice.

    can i expunge this charge?
  2. #2
    CdwJava is offline Senior Member
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    Try this link for info:

    [url]http://miamisao.com/services/seal_or_expunge_your_record.pdf[/url]

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  3. #3
    kwalker2 is offline Junior Member
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    expunged or sealed

    it seems i am eligible for my record to be sealed. but there is no point because the info is still available to certain employment agencies due to the population i work with.
    my question now is, am i denied employment automatically if i have a misdemeanor, on the application i stated that i have a misdemeanor. i was honest about the situation.

    and what exactly will the employer see on the background check, will they see misdemeanor or they will see exact charges.
  4. #4
    JETX is offline Senior Member
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    Quote Originally Posted by kwalker2 View Post
    am i denied employment automatically if i have a misdemeanor, on the application i stated that i have a misdemeanor.
    The only party that can answer that is the potential employer. There is NO statutory requirement that they hire or not hire you... it is entirely up to their hiring policy.

    and what exactly will the employer see on the background check, will they see misdemeanor or they will see exact charges.
    Presumably, since you were working in a correction facility and are now saying that the potential employer will have "the info is still available to certain employment agencies due to the population i work with.", presumably your pursuing a position with any correction agency or law enforcement. They will see the charge and disposition.

    And considering the REAL charge you faced, I doubt if that 'career path' is still open to you.
  5. #5
    CdwJava is offline Senior Member
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    For a fee, the FDLE will show your criminal record to anyone who asks. Whether an employer pays for this, varies by employer. Whether they automatically disqualify you due to a misdemeanor is a matter for the individual employer. Some might make it an automatic disqualifier, others might not care.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  6. #6
    kwalker2 is offline Junior Member
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    correctional facility

    well i am not applying to a correctional facility, but i figure definately something along those lines is a no go. thanks for your info and help

    is it worth sealing the record?
  7. #7
    CdwJava is offline Senior Member
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    Quote Originally Posted by kwalker2
    is it worth sealing the record?
    It might be. You'll have to consult an attorney in your state to know what the advantages are.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  8. #8
    JETX is offline Senior Member
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    The Florida law on expungement apply's only in the following:
    A person is eligible when the following conditions are met:

    "(A) An indictment, information, or other charging document was not filed or issued in the case.
    (B) An indictment, information, or other charging document, if filed or issued in the case, was dismissed or nolle prosequi by the state attorney or statewide prosecutor, or was dismissed by the court.
    (C) The criminal history record does not relate to the person being found guilty, pleading guilty or no contest to: luring a child, sexual battery, prostitution of minors, lewd or lascivious offenses committed upon or in the presence of persons less than 16, the Florida Communications Fraud Act, lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person, sexual performance by a child, offenses by public officers and employees, protection of minors; prohibition of certain acts in connection with obscenity, computer pornography, selling or buying of minors, drug trafficking, or any of the following defined as dangerous crimes-
    1. Arson;
    2. Aggravated assault;
    3. Aggravated battery;
    4. Illegal use of explosives;
    5. Child abuse or aggravated child abuse;
    6. Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult;
    7. Aircraft piracy;
    8. Kidnapping;
    9. Homicide;
    10. Manslaughter;
    11. Sexual battery;
    12. Robbery;
    13. Carjacking;
    14. Lewd, lascivious, or indecent assault or act upon or in presence of a child under the age of 16 years;
    15. Sexual activity with a child, who is 12 years of age or older but less than 18 years if age, by or at solicitation of person in familial or custodial authority;
    16. Burglary of a dwelling;
    17. Stalking and aggravated stalking;
    18. Act of domestic violence as defined in s. 741.28;
    19. Home invasion robbery;
    20. Act of terrorism as defined in s. 775.30; and
    21. Attempting or conspiring to commit any such crime."


    In any case, you will have to file for a certificate of eligibility of expungement before you can proceed. The court will then decide if your crime falls under the above.

    Read the following Florida statute:
    943.0585 Court-ordered expunction of criminal history records.
    943.059 Court-ordered sealing of criminal history records.
    at: [url]http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0943/ch0943.htm[/url]
  9. #9
    kwalker2 is offline Junior Member
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    florida statutes

    it seems as though i am eligible for that as well.

    if i hired a lawyer would he/she be able to take care of all that for me (expungent or sealing).
  10. #10
    JETX is offline Senior Member
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    Quote Originally Posted by kwalker2 View Post
    if i hired a lawyer would he/she be able to take care of all that for me (expungent or sealing).
    If you hire one with experience expunging records, yes.

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