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Withheld adjudication

Discussion in 'Criminal Records, Expungement' started by FlaGirl, Mar 4, 2016.

  1. FlaGirl

    FlaGirl Law Topic Starter Guest

    Hi. In 2009 I was arrested and place on 48 months probation with adjudication withheld for attempted robbery (stole a shirt out of Walmart). I completed my probation with out any violations. The problem I'm having is I can pass a level 1 background but can not pass a level 2 background check disqualifying me from entering in the nursing program! I was fingerprinted at court. What should I do?! I am planning on getting my record sealed, will this help me with my level 2 background check?! This was my first and only time getting in trouble with the law. Help please!!!
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    There isn't anything we can do to help you, unfortunately. You can speak to a Florida attorney to see whether there is anything that can be done but it seems you already know the law regarding expungement and record sealing.

    The Florida Department of Corrections provides information about the difference between a level 1 and level 2 background check. In short, it says

    Level 1 and Level 2 are terms that pertain only to Florida and are not used by the FBI or other states. They are defined in Chapter 435, Florida Statutes (F.S.), but are used elsewhere in statute without definition and appear not to be associated with all of the provisions in Chapter 435, F.S.
    • Level 1 generally refers to a state only name based check AND an employment history check.
    • Level 2 generally refers to a state and national fingerprint based check and consideration of disqualifying offenses, and applies to those employees designated by law as holding positions of responsibility or trust. Section 435.04, F.S., mandates Level 2 security background investigations be conducted on employees, defined as individuals required by law to be fingerprinted pursuant to Chapter 435, F.S.
    It should be noted that both the state and national criminal history databases can be searched for arrests, warrants, and other information pertaining to an individual. However, neither database has the capability of searching for specific offenses within an individual record.

    It's a very difficult problem to have petty theft issues create lifelong problems and usually even more challenging for poor young persons who make a small foolish mistake and end up paying a very harsh price. Good luck to you and I hope things work out.

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