Asked in Criminal Law and Domestic Violence for Florida

Q: Why do I have a Battery arrest on my juvenile record, but wasn't ever arrested?

Was back in 2004. I am 26 now and about to be 27. I was in the military and got out with a honorable discharge. I recently applied to corrections here in Florida. My background came back and said I have this on my record? The situation occurred when I got into a fight with another juvenile after being bullied. I was never arrested for it but his parents wrote a statement. Didn't hear from it since.

3 Lawyer Answers
Kevin John Mawn
Kevin John Mawn
Answered
  • Criminal Law Lawyer
  • Titusville, FL
  • Licensed in Florida

A: If you feel the charge is unjustified, you will need the assistance of a lawyer to correct or expunge your criminal history. Assuming you were never given a notice to appear for battery, this could be the case of identity fraud.

Gary Kollin
Gary Kollin
Answered
  • Criminal Law Lawyer
  • Fort Lauderdale, FL
  • Licensed in Florida

A: An attorney would have to look at the documents and records to ascertain the totality of the circumstances. Probably one in the locality of the arrest would be best

Leonard Louis Cagan
Leonard Louis Cagan
Answered
  • Criminal Law Lawyer
  • Ocala, FL
  • Licensed in Florida

A: I agree with the previous answers. The only thing I would add is that you may want to ask the employer for a copy of the background check the used to process your application. This information may be helpful to any attorney you may hire to assist you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.