Drug Crimes, Substance Abuse Adjudication versus expunged.

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panther1

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In 1982 I plead nolo contender to possesion of marijuana in florida and adjudication was withheld. After probation I filed to have my file expunged and it was approved. Under florida law do I have to admit to an arrest record in a criminal background check if my files were expunged? I have done background checks on myself and it comes up clean but don't know if a government agency, such as an Inspector General, will have access. I am being asked in an application for a local government board if I have ever been arrested. I really don't want that info made public but I also don't want to lie.
 
In 1982 I plead nolo contender to possesion of marijuana in florida and adjudication was withheld. After probation I filed to have my file expunged and it was approved. Under florida law do I have to admit to an arrest record in a criminal background check if my files were expunged? I have done background checks on myself and it comes up clean but don't know if a government agency, such as an Inspector General, will have access. I am being asked in an application for a local government board if I have ever been arrested. I really don't want that info made public but I also don't want to lie.

You might want to consult with a local attorney before you proceed.

But, a sealed court record doesn't wipe away an arrest, nor does it remove your fingerprints from the FBI and NCIC databases.

That isn't an easy process, and requires much more than a state judge's order.
 
Florida - When a criminal history record is sealed, the public will not have access to it. Certain governmental or related entities, primarily those listed in s. 943.059(4)(a), Florida Statutes, have access to sealed record information in its entirety.
When a record has been expunged, those entities which would have access to a sealed record will be informed that the subject of the record has had a record expunged, but would not have access to the record itself without a court order. All they would receive is a caveat statement indicating that "Criminal Information has been Expunged from this Record".
 
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