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Thursday, August 7, 2014

Despite Withheld Adjudication offender can't find job

Despite Withheld Adjudication offender can't find job


Hello,

My name is Joy and I have been reading your blogs and need some advice. I have a felony charge from 2012 that my adjudication was withheld. Although I am not supposed to be a convicted felon this charge is still showing on my record. I am a college student and am interested in entering the medical field as an administrator. I have been denied by the Florida nursing board to become a nurse. I do not understand to my knowledge if adjudication was withheld I am not a convicted felon please give me advise and lead me in some direction.

Thanks



Despite Withheld Adjudication offender can't find job




Hello Joy,

Some ex-offenders and felons are unsure how deferred adjudication affects their opportunities for jobs.

I get numerous questions about withheld adjudication / deferred judgement /deferred adjudication. Ex-offenders and felons looking for jobs should know what it means because it could have a major impact on their ability to be hired for some jobs.

Withheld adjudication / deferred judgement/deferred adjudication generally refers to a decision by a judge to place a person on probation without an adjudication or judgement of guilt. There will be terms set by the court, usually a fine and a period of probation. Once the terms are met, the charges are usually dismissed. There will be no conviction associated with that offense. If the person does not complete the terms of probation and or the fine is not paid, a finding of guilty may be entered and the person may be sentenced according to the penalties specified for the offense.

So when completing an application that asks if you "Have you ever been convicted of a crime, you can answer "no" and rightly so because you haven't. Bear in mind that the charge will appear on a background check as a charge and not a conviction. You should have no problem with this. To absolutely certain of the status, you should check with the prosecutor or your probation officer associated with your case. The exception to this is, what I believe happened to you. Even though the charges may have been formally dismissed, they will always be visible to law enforcement agencies, the court system and government agencies. The medical board is a government agency therefore will have access to the charges. I don't know what your charges were but it may be possible that the medical board took them into account.

Even if chose to have the charges sealed (hidden from public view,) once again, they will always be visible to law enforcement agencies, the court system and government agencies. This is general information and not intended as legal advice. Many ex-offenders and felons looking for jobs need legal advice. For a definitive answer you should contact your local legal aid office. There you may be able to get low-cost or even no-cost assistance with any options available.

I hope this helps you understand a little better.


 

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Despite Withheld Adjudication offender can't find job

 
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