Full question:
In 1990 I had a felony case where the judge withheld adjudication. I now need to be fingerprinted with a background check for a teaching position for Lee County Schools- will this show up on a fingerprint and backround criminal check?
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: Florida
Answer:
Even if a deferred adjudication is successfully completed and charges are ultimately dismissed, some records may still exist and be accessible to the public. These include:
- The original arrest record, which contains the arresting officer's notes, reports, and other evidence.
- The court record, which typically includes the order of probation you signed, along with your plea of guilty or no contest.
According to Florida law (Fla. Stat. § 943.0585), a court can order the expunction of a criminal history record, but there are specific conditions that must be met. If you were found guilty or pled guilty or no contest to certain offenses, or if adjudication was withheld, your record may not be eligible for expunction.
As a result, your felony case may still appear on a fingerprint and background check when applying for a teaching position. It is advisable to consult with a legal professional to explore your options regarding expunction or sealing of your records.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.