Miami, FL asked in Employment Law and Criminal Law for Florida

Q: what do i answer to this background question? should i answer yes or no and if i put yes what explanation should i give?

january 31 i was falsely arrested when an ex of mine lied to cops saying i hit her. i was taken to jail for a few days and now its been a few months. im currently in the process of getting my record expunged and im applying for my insurance license and its asking me if “in the past 12 months have you been arrested, jailed, indicted, or had information filed against you or have been otherwise charged with a crime by ticket/notice to appear or other formal charging document by any law enforcement authority anywhere in the united states” it also excludes things like DUIs and anything to do with driving. im scared that after spending so much money on the coarse and taking the insurance licensing test that if i apply during the time that the record is still out that i will be rejected and i will lose everything. my record has been in the process for a few months now maybe 5 but im not sure whats going to happen and im entering debt because of this. and all because my ex girlfriend lied.

Related Topics:
1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: You are holding out false hopes of somehow being able to avoid your past criminal record by "getting it expunged." I am NOT advising you not to keep trying to get the record of your prior arrest expunged; all I am telling you is that the question you are now being asked by the Division of Insurance Regulation at the Department of Financial Services is much broader than you must think it is.

Re-read the very first MOST IMPORTANT qualifier--which clearly says "In the past twelve months..." This qualifier is your best and only escape rout--if you wait until February 2020 (i.e. more than 12 months after your January arrest) to apply.

You are welcome.

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.