Monday, October 13, 2014

Conviction / Guilty / Withhold / Withhold of Adjudication / Job / Employment / Background Check / Job Application / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:  If I received a with hold in my criminal case, does that mean I am convicted for employment purposes?  I pleaded no contest to trespass and resisting and my pd told me that they will give me a with hold and that i am not convicted of a crime.... I am now applying for a job and here is the question:  "have you ever been convicted of a crime even if adjudication has been withheld" its for a manager at a store.


Michael Adam Haber


Contributor Level 20


Lawyers agree
Answered "No I have not been convicted of a crime but yes I have received a withhold of adjudication."

You cannot answer the question accurately without stating what I just typed.

A "withhold" is a legal concept which the Florida Supreme Court has recognized as being a means to withhold the adjudication of guilt (conviction) even though you have been found guilty by a Court. It is recognized as a matter of Florida law but this is not necessarily true as far as other jurisdictions are concerned (i.e. other sovereigns, be them States or not, do not have to recognize the "withhold" as a legal entity and may, as the federal court system chooses to do, instead consider a withhold to be the very same thing as a conviction).

In Florida you do not have to admit to being convicted if you only have a withhold, but if you are asked about the withhold and you do not fess up then you are likely to be branded a liar.

Further, insofar as background checks go, many withholds can be sealed but you may still need to disclose even a sealed case, depending upon where you are applying, what you are applying for and the nature of the application question asked.

For example, your very case: The question asks "have you ever been convicted of a crime even if adjudication has been withheld" and, again, the only accurate answer is: "No I have not been convicted of a crime but yes I have received a withhold of adjudication.", and you can expect this answer to raise additional questions.

My advise: A) Answer as I indicated and B) consider either attaching either or both a copy of the police report and / or a certified disposition of your case along with an explanation. While some employers will disqualify you for merely having been arrested (much less receiving a withhold) almost all will appreciate your honest disclosure. Moreover you will "take the wind out of the sails" by telling them about your past up front rather than them finding out about it afterward during a background check.

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

Since 1991 Michael A. Haber, P.A. has an unblemished record of providing boutique criminal defense litigation services to many folks who have been accused of criminality. Michael A. Haber, Esq. has effectively represented clients on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. Michael A. Haber, Esq. is prepared to speak with you about your case!  At Michael A. Haber, P.A. "its all about reasonable doubt"!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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