If I go to court for a slip and fallbut had a petit theft arrest that was expunged, do I have to tell them?

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If I go to court for a slip and fallbut had a petit theft arrest that was expunged, do I have to tell them?

And if they find out can they use that against me?

Asked on September 13, 2011 under Personal Injury, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It would be advisable NOT to disclose your arrest for petit theft which was expunged. 

If you were to disclose it, then it could be used to impeach your credibiility.

In the event that the  petit theft arrest is discovered  by the opposing party, you would want to emphasize that there wasn't any conviction and that it was expunged.  If this arrest occurred long ago and you haven't had any criminal record since, emphasize that if the other side raises the issue. 


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