Most Recent Blog Entries

How long does a misdemeanor stay on your record?

A misdemeanor stays on your record forever unless you have it sealed or expunged. Even if you have the record sealed or expunged, law enforcement can access the record. But the general public can’t.

Having a misdemeanor record does not sound like a big deal. But some charges, such as petit theft, are considered crimes of dishonesty. These crimes can keep you from getting a job. Crimes such as simple or domestic battery or drug possession are misdemeanors that can keep you from getting professional licenses.

If you have been arrested for a misdemeanor, make sure you hire an attorney to help protect your rights.…

How long does a felony stay on your record?

A felony stays on your record forever unless you are eligible to have the record sealed or expunged. Even if the record is sealed or expunged, law enforcement can access the record. But the general public can’t.

Most applications for jobs, housing or licenses ask the question “Have you ever been convicted of a felony?” If you say yes, they ask what year. This means even if the background check they perform does not go back as far as your arrest, they may still find out about your charge.

If you are convicted of a felony, you can petition to have your civil rights restored after 10 years.…

Does a misdemeanor show up on a background check?

Yes. Misdemeanor arrests show up on a background check. Crimes such as petit theft or drug possession may keep you from getting a job or a professional license if it is found on your record.

If you have been arrested for a misdemeanor, talk to a lawyer immediately! Protect your rights. If you have a misdemeanor on your record, contact an attorney to see if you qualify for expungement. An attorney can discuss what you can do about keeping your record as clean as possible.

…

Does a felony show up on a background check?

Yes. Felony arrests show up on a background check. These are usually the charges the agency is looking for when they perform the check as they are considered to be very serious. Felony charges can affect an employer’s insurance or bond rates. This means if you have a felony, the employer may not hire you. If you are applying for housing the association may disqualify you for a felony conviction. If you are applying for a professional license, the felony may disqualify you from obtaining the license.

Most applications for jobs, housing or licenses ask the question “Have you ever been convicted of a felony?” If you say yes, they ask what year.…

Do I need a lawyer for a misdemeanor?

It is common for people to say “oh, it’s just a misdemeanor.” But some misdemeanor charges can have serious consequences. So it is a good idea to hire an attorney. For example:

Some misdemeanors can result in suspension of your driver’s license even if the charge has nothing to do with driving. If you are convicted of charges such as petit theft and possession of marijuana your license will be suspended.
Petit theft charges are crimes of dishonesty that can be counted against you when looking for a job.
Any type of drug charge, including misdemeanor marijuana charges, can result in the loss of financial aid and some scholarships.

…

Can you get a job with drug charges?

It depends on the type of job you are applying for. Some jobs such as home health, nursing or other jobs in the medical profession will not allow you to work with pending drug charges. You may not be able to obtain a job that requires a professional license. If you have a job as a teacher or teacher’s aide you may not be able to work while the charge is pending.

Many jobs today require random drug testing. This is true even if you are a stock person or cashier. A pending drug charge may prompt your employer to test you in accordance with the company policy.…

Can you get a job with a misdemeanor?

It depends. Most employers will not hold a misdemeanor charge against you. However, as the job market gets more competitive more employers are taking criminal records into account.

It is becoming more common for an employer to refuse to hire a person if they are convicted of certain types of misdemeanors such as petit theft or possession of marijuana. Some restaurants will not hire you if you have been convicted of misdemeanors such as possession of alcohol underage or selling alcohol to a minor. If you are a home health aide or nurse, misdemeanor charges of battery or assault may keep you from getting a job or a keeping your license.…

Can you get a job if you have been arrested?

Possibly. It depends on what type of work it is and what you have been arrested for.

If you have been arrested, a potential employer will think about the following:

1- What have you been arrested for? Was it for a violent crime? If so an employer may not want to risk a lawsuit for your assaulting a fellow employee or customer. Was it for theft? If so the employer may not want to take a chance that you will steal from them. Is there a possibility you will serve jail or prison time? If so an employer may not want to spend time training you if there is a chance you won’t be around to work.…

What are the Florida DUI Laws?

The Florida DUI laws are controlled by Florida Statute 316.193. Under the law it is illegal to drive or be in actual physical control of a vehicle while. . .

you are under the influence of alcohol, drugs or prescription drugs to the extent that your normal faculties are impaired. OR

you have an alcohol level of .08 or more grams of alcohol per 100 milliliters of blood OR

you have an alcohol level of .08 or more grams of alcohol per 210 liters of breath.

Under the law. . .

A “vehicle” is every device, in, upon or by which any person or property is, or may be, transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.…

Can you get a job with a felony on your record?

Felony convictions have a large impact on your life. There are several civil rights that you lose, and in some cases you are forced to register with the local sheriff’s office for the rest of your life. But the worst impact is on your ability to keep a job.

Many companies will conduct a background check prior to hiring an individual for a position. Most companies will not hire someone with a felony conviction. Also, a felony conviction can result in a suspension of some professional licenses making it illegal for an employer to hire you.

However, there are companies that receive tax breaks for hiring individuals who have been convicted of a felony.…