Background Check Agency wants arrest report for a NON-CONVICTION

[BernardC]

BernardC, have you responded to the request by the Department yet? Do you have any idea why the Department is seeking 20-year-old records?

Sorry for the delay in responding. I have not been back to this site in over a month. I would be working with a vulnerable population(children,elderly, mentally ill) and Florida requires a Level 2 background check. The application asked about felony convictions and misdemeanor convictions in the past 10 years so I did not think twice. The 20 year old arrest was for a misdemeanor domestic battery. I in fact was the victim, but since I was drunk and refused to answer any questions and demanded to speak with a lawyer, the officer took me to jail. I only refused to answer any questions because somewhere I had heard that was the proper course of action when questioned by police. Boy was I wrong. In any event I was released on my own recognizance after 48 hours and a court date set. At the court date, I pled NOT Guilty and after a few minutes, the DA talked with my public defender and the charge was dismissed. I had not thought twice about it.When I was told my background had not cleared I contacted background agency and they requested court records and arrest report. I got something called a certified retention letter from the court recently showing my plea and the charges being dismissed. I mailed it to Florida Children and Family Agency three weeks ago and have not heard anything back yet.

 

[quincy]

Sorry for the delay in responding. I have not been back to this site in over a month. I would be working with a vulnerable population(children,elderly, mentally ill) and Florida requires a Level 2 background check. The application asked about felony convictions and misdemeanor convictions in the past 10 years so I did not think twice. The 20 year old arrest was for a misdemeanor domestic battery. I in fact was the victim, but since I was drunk and refused to answer any questions and demanded to speak with a lawyer, the officer took me to jail. I only refused to answer any questions because somewhere I had heard that was the proper course of action when questioned by police. Boy was I wrong. In any event I was released on my own recognizance after 48 hours and a court date set. At the court date, I pled NOT Guilty and after a few minutes, the DA talked with my public defender and the charge was dismissed. I had not thought twice about it.When I was told my background had not cleared I contacted background agency and they requested court records and arrest report. I got something called a certified retention letter from the court recently showing my plea and the charges being dismissed. I mailed it to Florida Children and Family Agency three weeks ago and have not heard anything back yet.

Thank you for remembering us here, and for providing the additional information and an update on where things stand now.

I know that those who apply to work with a vulnerable population, like the elderly or children, are screened carefully. An employer makes himself vulnerable to negligent hiring or negligent retention lawsuits if an employee-hire has any sort of a pertinent criminal past that was ignored. A domestic violence arrest should send up red flags.

 

[adjusterjack]

since I was drunk and refused to answer any questions and demanded to speak with a lawyer, the officer took me to jail. I only refused to answer any questions because somewhere I had heard that was the proper course of action when questioned by police. Boy was I wrong. In any event I was released on my own recognizance after 48 hours and a court date set. At the court date, I pled NOT Guilty and after a few minutes, the DA talked with my public defender and the charge was dismissed.

You were absolutely right not to answer questions without an attorney. The charge was dismissed because you did not incriminate yourself.

This video, which has been on youtube for quite a few years may be where you heard not to talk to the police without an attorney.

DON'T TALK TO POLICE - Professor James Duane - YouTube