What to do if 21 years ago I was charge with possesion of a control substance with intent to sell?

The judge with held adjudication because I was a nurse at that time. My new employer want to do a level 2 background check on me before I start. Will I fail this background check because of this? And will the new employer will not want to hire me because I failed the test? Which I never been in trouble ever again?

Asked on January 24, 2013 under Criminal Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Since it appears that you were never convicted of the criminal charge against you that happened twenty-one years ago then you were not convicted of the charge. At worst your arrest will appear in a background check. However, given the age of the charge it might not appear.

If your new employer brings up the arrest, be honest with hom or her and simply state that the charge was dismissed. Most likely any reference to an old arrest with no conviction will not hurt you.

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