New Port Richey, FL asked in Education Law and Criminal Law for Florida

Q: I am applying for a public school teacher position. I have been a director at a preschool for almost 11 years. I have an

Arrest on my record from 1996, possession of marijuana and shoplifting. Although I went through a pti program, it still shows on a local criminal check. It's not a disqualifying offense for the job, they ask you if you ever been arrested on the application and to explain what happened. If you lie, they wont hire you. They do FBI background check, and I believe have access to local info. This is so embarrassing and worry what I say will affect me getting hired. Its so stupid, I was 25 years old and now a grown woman who wouldn't be caught dead doing any of that. Please advise on what I should do and/or what to write on the application and maybe what not to say. I would appreciate any help. Thank you.

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2 Lawyer Answers
Terrence James O'Sullivan
Terrence James O'Sullivan
Answered
  • Criminal Law Lawyer
  • Melbourne, FL
  • Licensed in Florida

A: If the dispositions of you’re old cases were with hold of adjudication ( as opposed to an adjudication) you may be eligible to seal/expunge them. It’s basically the difference between a misdemeanor conviction or a disposition of the case with no conviction.

A conviction will generally prohibit you from petitioning to seal / expunge. Given the time period it’s possible to still apply.

However, even sealed records may be available to certain employers that deal with finance, children and others.

My advice would be to contact a local lawyer in your jurisdiction to explore your options. Most lawyers will give you a free consultation to explore your options.

Best of luck!

Henry George Ferro
Henry George Ferro
Answered
  • Criminal Law Lawyer
  • Ocala, FL
  • Licensed in Florida

A: I would agree Mr. O'Sullivan regarding his analysis...If you are being accurate about your background, I don't believe that a local school board wouldn't consider hiring you...it appears to be almost 25 years old and you are telling me that there are no other issues.

I am the attorney of a Florida School Board Superintendent and don't think what you have described would be considered disqualifying...

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