i have read many posts regarding criminal histories.
however, to be more specific and with regard to reading florida statutes, BON guidelines, FAQs, application questions, and seeking the advice of an attorney, I am still at a loss. the information seems contradictory.
i was arrested for a 3rd degree felony, never charged, never entered a plea... the case was dropped 'decline to prosecute'.
my attorney says that i can answer 'no' to the question on the application, because of these factors and the wording of the question.
the question to apply for the florida bar exam is clear that the information must be disclosed.
even reviewing the application guidelines on the FL BON website state 'CONVICTION RECORD GUIDELINES...'
Question: What crimes or license discipline must be reported on the application?
Answer: All convictions, guilty pleas and nolo contendere pleas must be reported, except for
minor traffic violations not related to the use of drugs or alcohol. This includes
misdemeanors, felonies, "driving while intoxicated (DWI)" and "driving under the
influence "(DUI)." Crimes must be reported even if they are a suspended sentence. All
prior or current disciplinary action against another professional license must be
reported, whether it occurred in Florida or in another state or territory.
question on license application asks:
A. Have you EVER been convicted of, or entered a plea of guilty, nolo contendere, or no
contest to, a crime in any jurisdiction other than a minor traffic offense? You must
include all misdemeanors and felonies, even if adjudication was withheld.
Driving under the influence (DUI) or driving while impaired (DWI) is not a minor
traffic offense for purposes of this question.
can anyone clarify the disclosure rules?
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i have read many posts regarding criminal histories.
however, to be more specific and with regard to reading florida statutes, BON guidelines, FAQs, application questions, and seeking the advice of an attorney, I am still at a loss. the information seems contradictory.
i was arrested for a 3rd degree felony, never charged, never entered a plea... the case was dropped 'decline to prosecute'.
my attorney says that i can answer 'no' to the question on the application, because of these factors and the wording of the question.
the question to apply for the florida bar exam is clear that the information must be disclosed.
even reviewing the application guidelines on the FL BON website state 'CONVICTION RECORD GUIDELINES...'
http://www.doh.state.fl.us/mqa/nursing/ap_convictrecord_2010.pdf
Florida BON FAQ:
Question: What crimes or license discipline must be reported on the application?
Answer: All convictions, guilty pleas and nolo contendere pleas must be reported, except for
minor traffic violations not related to the use of drugs or alcohol. This includes
misdemeanors, felonies, "driving while intoxicated (DWI)" and "driving under the
influence "(DUI)." Crimes must be reported even if they are a suspended sentence. All
prior or current disciplinary action against another professional license must be
reported, whether it occurred in Florida or in another state or territory.
question on license application asks:
A. Have you EVER been convicted of, or entered a plea of guilty, nolo contendere, or no
contest to, a crime in any jurisdiction other than a minor traffic offense? You must
include all misdemeanors and felonies, even if adjudication was withheld.
Driving under the influence (DUI) or driving while impaired (DWI) is not a minor
traffic offense for purposes of this question.
can anyone clarify the disclosure rules?