If a recordhas been expunged, what are legal responsibilitiesto answering the question, “Have you ever been found guilty, pled no contest to a felony, ..”?

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If a recordhas been expunged, what are legal responsibilitiesto answering the question, “Have you ever been found guilty, pled no contest to a felony, ..”?

Approximately 22 years ago I plead nolo contendre to a charge of a lewd and lascivious act in the presence of a minor. Adjudication was withheld. I was sentenced to 4 years probation and successfully completed it. I am sure this has prevented me many times from consideration for a job interview. Can I apply for having the record expunged? If I do, and it is accepted, what do I have to put down on a job application for the same type question?

Asked on February 3, 2012 under Employment Labor Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There are many crimes (especially serious felonies) that are excluded from the ability to expunge. Further, even delayed prosecution may still be considered a conviction depending on the jurisdiction and how it was entered. Your best bet here is talk to a criminal defense attorney and have him or her pull up or see if he can order an FBI background check based on fingerprints and also you pull up all three credit reports and see if it is on there. Ultimately, you must answer yes until you have received an expungement.


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