West Palm Beach Criminal Lawyer Blog : Ronald Chapman: West Palm Beach Criminal Lawyer | Florida Criminal Attorney: DUI, Assault & Battery, Felonies | Criminal Law Firm

does Adjudication Withheld mean a conviction in Florida? Can I get a Felony Agg Battery case sealed or expunged? it has been 14 years thanks

If adjudication was withheld for an aggravated battery, you would not be able to get that case sealed or expunged pursuant to Florida statute section 943.059.

I had adjucation with held for agg assault with a weapon.I got an early termination from probation and would like to get my record sealed and try to get my gun rights back.
I pled nolo contender.

Attorney's Response:

Unfortunately, you will not be able to get your criminal history record sealed. That is because Florida statute section 943.059 states in relevant part that offenses enumerated in Florida statute section 907.041 cannot be sealed, regardless of whether adjudication was withheld, if the defendant pled nolo contendere. Aggravated assault is one of those enumerated offenses.

This is a little confusing but I hope someone can answer this. In 1991 I was charged (3rd degree felony) with fraudulent use of a credit card. (I was young and stupid!) I paid restitution, did community service hours and completed the Pretrial Intervention Program. No jail time, or bail set, or anything like that. As a matter of fact, I wasn't even "arrested". I got a phone call and went down to the detective's office. In 1993, the case was closed. I recently requested to have my record expunged and after a lengthy process, it was done and ordered. Here's my question. I am now applying for a teaching position in which I must disclose the expungement. They are requiring the "disposition", which I can no longer access because it has been expunged and I honestly can't remember! The options are Deferred Prosecution, Dismissed, Guilty, Nolle Prossed, Nolo Contendere - adjudicated guilty, Nolo Contendere - adjudication withheld, Not guilty, Pretrial Intervention, Probation or Restitution. I don't want to put down the wrong information because they are going to do a background check with the FDLE, and I don't want to appear dishonest. Which of the above should I put down? Please Help!!! Thanks so much.

Attorney Chapman's Answer:

I would attach a separate sheet of paper to your application and explain in detail what you've described above. If you do that, it's much less likely that you'll be accused of being dishonest.

I was charge with Conspires to Commit Armed Robbery, and was sentence to sex years of probation as a youthful offender and withhold of adjudication in Florida. Can I get may CCW?

Attorney Chapman's response:

Go to the website for the Florida Department of Agriculture and Consumer Services--Division of Licensing. There is a link entitled "Check your eligibility for a Concealed Weapon/Firearm license."

I was arrested for Battery on AN Law Enforcement Officer back in 2001, it was then dropped to Resisting Arrest w/ Violence. Adj was withheld and I completed my 2 yrs probation, paid court cost, di 50 hrs community service and took an anger management class. I am now going to college for my Bachelors in Criminal Justice Administration, and I would really love to become a Corrections Officer, I want to know am I wasting time in this field or will I be able to get a career in the Criminal Justice field.

Attorney Chapman's response:

According to Florida statute section 943.059(4), you must reveal your criminal history record if you are seeking employment with a criminal justice agency even if your record has been sealed. Therefore, what you may want to do is contact the personnel department at the agency you want to work for and ask them if your criminal record is going to prevent you from being hired.

If you were arested for grand theft, and eventually adjudication witheld, also receiving a letter re Executive Clemency, when filling out an application and asked if you have ever been convicted before, what would you suggest the answer be . Thank you for prompt response.

Attorney Chapman's response:

My answer would be "No, I have never been convicted of a criminal offense."

would a successfully completed pre-trial intervention program for a misdemeanor battery charge lift a suspended Florida CCW permit. also I will be asking the prosecutor to let me not sign off of admitting guilt. like you suggested in another entry..
Thanks...

Attorney Chapman's response:

My suggestion is that you contact the Division of Licensing for the Florida Department of Agriculture and Consumer Services(http://licgweb.doacs.state.fl.us/weapons/index.html) because it is that department that issues concealed-weapons permits in Florida.

i was charged with grand theft, i plead no contest and adjudication was withheld, i did my 100 hrs of com serv, 2 yrs probation and paid back restitution, can my record be expunged or sealed?

Attorney Chapman's response:

Based upon the facts you've given me, you do appear eligible to have your record sealed.

i had an adjudication withheld. the charge was fraud. in 2004 i went to apply for unemployement.could not find work so decided to go to school for my cdl license while at school i received my money $300.00 dollars im a father of four. in 2007 i have detectives looking for me so i went to thee station and was arrested went to court and was let go to pay now $2600.00 that i did not have but i payed everything can i get expungement

Attorney Chapman's response:

You might be eligible to have your criminal record sealed but not expunged. A record has to be sealed for 10 years before it can be expunged.

I have an adjudification witheld for three felonies and one mis in 98' in FL. I live in VA now and FDLE says I am not a convicted felon, however, when I went for a weapons permit in VA, NCIC is reporting that I am and I cannot legally own a firearm. I would like to be able to, any advice or insight on what I can do. the felonies were B&E of dwelling, grand theft, possesion of burglary tools, resisting arrest w/o violence. Since the honorable discharge from teh USMC and a disabled vet. I just want the right to bear arms...funny, i was training in VA with 50 cals and my rifle for years.

Attorney Chapman's response:

My advice is to contact the National Crime Information Center (http://www.fas.org/irp/agency/doj/fbi/is/ncic.htm) and ask them what offense(s) you were supposedly convicted of. Then send them proof from the Florida Department of Law Enforcement or from the Court showing that you were not convicted of that particular offense(s).

I had an adjudication withheld for two felony counts "posession of a controlled substance" and one count "concealed weapon without a permit." I completed the terms of my sentence (probation/community service) and want to know; can I possess/own a weapon? Am I elligible for a CCL? Am I elligible for an expunction? Thank you for your help.

Attorney Chapman's response:

Based upon the information you’ve provided, it appears that you are eligible to have your criminal history record sealed but not expunged.

Regarding the possibility of your obtaining a concealed weapon/firearm license, look at the following link to the Florida Division of Licensing:

http://licgweb.doacs.state.fl.us/weapons/index.html

I was charged about a year ago with armed robbery with a deadly weapon it happened when i was 18 and they charge me as a juvinile and i got 1 year community control and 1 year regular probation im almost done with probation i want to know if its possible that i can get my record expundge and take up a career in some kind of law enforcement for example a probation officer?

Attorney Chapman's response:

Because your offense is considered to be a "dangerous crime," you are not legally eligible to have it sealed according to Florida statute section 943.059.

I have a friend who was charged with (784.03(1)(a)1 Battery Touch or Strike) which i guess is a misdemeanor and she is trying to apply to FDLE to get the case sealed or expunged so she can get her career back. (She is a 14 year Registered Nurse w/ a 4 year degree)

She plead guilty and received "Withhold Adjudication".

when she applies for a job she gets denied becuase of this simple charge.

Do you know if she is eligle to have it sealed or expunged?

Attorney Chapman's response:

As long as she did not plead guilty to domestic battery, she should be legally eligible to have her record sealed.

I still do not understand, i was on probation and adjudication withheld not guilty, I was released early from probation. Am I able to say I am not a felon and have I not lost my rights? I have read and re-read, my probation officer said I am not guilty. Help

Attorney Chapman's response:

If adjudication was withheld, then you are not a convicted felon. However, you still have a criminal record (unless you get your case sealed). You cannot say that you were found not guilty because you do have a criminal record. I know that these legal terms can be quite confusing, but I hope what I have said helps to make things a little clearer for you.

I am an attorney in Phoenix, AZ. My client has a withheld adjudicatin for sexual battery of a child 11 years or younger out of Broward county in 1987. The state has alleged this as a prior felony conviction for the purposes of sentencing enhancement. I've read a number of cases, especially Gates v. McFadden, which all seem to say whether it's a conviction depends on the context. I'd be curious to know whether you think it is a prior felony conviction there for purposes of enhancement. Of course, any legal authority for both that and whether he has to register would be most appreciated.

Attorney Chapman's response:

1. I would suggest you read an article that appeared in the Florida Bar Journal which deals with the issue of the withholding of adjudication in Florida. It can be found at:

http://www.accessmylibrary.com/coms2/summary_0286-34196521_ITM

2. Whether or not your client has to register as a sex offender in Florida is governed by Florida statute section 943.0435. That statute can be viewed at:

2009->Ch0943->Section%200435#0943.0435">http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0943/SEC0435.HTM&Title=->2009->Ch0943->Section%200435#0943.0435

In 1996 I was arrested for the following three charges (all three charges
were the same incident/arrest) and decision by the court.

I just applied for Concealed Weapons Permit and I am wondering what affect this would have on my permit being issued?

Also, can all this be expunged?

Thank you very much for your time.

(this is from a
FDLE background check):

1) LARCENY- GRD THFT 3D 300 5K

DISP-PRETRIAL DIVERSION
COUNSEL-OTHER TRIAL-NONE PLEA-NOT GUILTY

2) POSSESS FORGED-
DR LIC

DISP-NO ACTION TAKEN

3) DL POSN OF FALSE
STATUTE/ORDINANCE- LEVEL-FELONY ,3RD
DEG
DISP-DROPPED/ABANDONED
COUNSEL-OTHER TRIAL-NONE PLEA-NO PLEA ENTERE

Attorney Chapman's response:

Given the fact you were not found guilty of any of the above-listed crimes, it appears that you are legally eligible to have all three charges expunged. However, before definitely saying yes or no, I would need to get some additional information from you regarding your prior criminal-history record, if any.

Concerning the concealed weapons permit question, I suggest you look at the website for the Florida Division of Licensing. The link for that site is:

http://licgweb.doacs.state.fl.us/weapons/index.html

I was charged with organized scheme to defraud under $10,000 with held without adjudification. can I get my record sealed or expunged? Thanks

Attorney Chapman's response:

Unfortuntely, no. The offense of organized scheme to defraud is found in Florida statute section 817.034, and a criminal history record that relates to a violation of that particular statute cannot be sealed according to Florida statute section 943.059.

In 1990, I was found guilty of DUI in CT (it shows on my FL DMV record), and in 2006 I pled nolo contendre to Possession of Less than 20 grams cannibis (adjudication withheld).

I can't get the 2006 record sealed because of the previous 1990 DUI. Nor can I get it expunged because it was not dismissed.

What if I try to get the CT DUI sealed? Can I then get the 2006 record sealed? Or will FDLE be able to access the DUI (or the fact that it was sealed)?

I'm WAY past 1000 resume's and have a feeling this is what's put a halt to a 25-year successful career (was laid off in '08).

Attorney Chapman's response:

In order to get a record sealed in Florida, you have to state under oath that you have never secured a prior sealing. See FL Statute Section 943.059(1)(b)3. Therefore, if you get the CT DUI sealed, you will not be legally eligible to get the 2006 offense sealed.

I recently attended an ex offender seminar to have my records sealed/expunged. According to the State Attorneys Office the charges are eligible for Sealed but NOT Expunged. I am trying to figure out why. The charges were filed 7/21/2001 and the case closed on 11/06/2002 after 1 year probation and full restitution. The charges are the following:

1. Unemployment Comp Fraud (443.071); FELONY; Nolle Pros
2. Organized Fraud / 0-20K (817.034); FELONY; Nolle Pros
3. Conspiracy to Commit Felony (777.04); MISDEMEANOR; Withhold Of Adjudication with Special Conditions ( I pay back all of the money while under probation, which I did)

Even after scouring the web and reading a very informative Florida Bar Journal article written by George E. Tragos & Peter A. Sartes, it sounds like there were recent changes to FS that now excludes a case like mine from being sealed & expunged.

So what I am asking is (a) since the Nolle Pros were applied to the first 2 violations why are they ineligible for being expunged and (b) If the conspiracy is only a misdemeanor with an Withhold of Adjudication why cant it be expunged as opposed to sealed?

Attorney Chapman's response:

(a) According to Florida Statute Section 943.0585(2)(h), count 3 would have to be sealed for at least 10 years before you would be legally eligible to have any of the counts expunged.

(b) If the conspiracy pertains to count 1, then you would be legally eligible to have count 3 sealed. But if the conspiracy pertains to count 2, then you would probably not be legally eligible to have count 3 sealed because according to Florida Statute Section 943.059, a criminal history record that pertains to section 817.034 cannot be sealed even if adjudication was withheld.

I have been in the Mortgage Banking business over 20 years. The State of Florida now requires us to be licensed. I had adjucation withheld on the case information below.

One of the questions of the application is "Have you plead nolo contendere to, been convicted of, or found guilty of, any crime, regardless of adjudication?" The state will do a backgound check (with fingerprints) with the FDLE and the FBI.

In 1992, I got a phone call and went down to the detective's office, I was arrested for S832.05(4)(A)-2 WORTHLESS CHECK - OBTAINING PROPERTY LESS THAN $150.00, for checks that were written before 1988. (I was young and stupid). My mother hired an attorney and I paid restitution for all each of the checks and each case was closed about a month later with the following result: G W/H ADJ OF G

When I did a FDLE background check this is what comes up:
ARREST- 1 XX/XX/1992 OBTS NO.-000XXXXXXX
ARREST AGENCY-JACKSONVILLE SHERIFF'S OFFICE (FL0160000)
AGENCY CASE-XXXXXX OFFENSE DATECHARGE
001-FRAUD-INSUFF FUNDS CHECK-
--CONTINUED--
SID NUMBER: XXXXXXX PURPOSE CODE:P PAGE: 3
OBT PROP
020 CNTS,

It has been over 17 years, I can't find the attorney that helped me and I really don't know to honestly answer the question.
What does G W/H ADJ OF G mean? Can my record be sealed? Any help would be greatly appreciated!

Attorney Chapman's response:

If you were adjudicated guilty of any of these crimes, then you cannot get your record sealed or expunged. If adjudication was withheld, then you would be legally eligible to have your record sealed.

Based on the information you sent me from FDLE, I cannot tell whether you were adjudicated guilty. You may want to call FDLE to clarify the matter or you may want to go to the courthouse where your records are and ask one of the clerks to pull your file so that you can look at it. (However, it may now be on microfiche since your case is quite old.)

Hi, I recieved adjudication withheld in 01 on an attempted agg batt charge with great bodily harm.
Can I buy a gun?

Attorney Chapman's response:

The Florida Department of Agriculture and Consumer Services--Division of Licensing can probably answer your question. A link to their site is:

http://licgweb.doacs.state.fl.us/weapons/index.html

About 4 years ago I was arrested twice for the same thing possession of marijuana. One case adjudication was withheld an the other was adjudicated guilty . I got probation for one case and had to pay a fine of $300 dollars for the other. was wondering if i could get my record expunged

Attorney Chapman's response:

Because you were adjudicated guilty in one of the cases, you will not be able to expunge either case.

I have 1) armed burglary of a dwelling with firearm and 2) theft, i had no firearm nor were we robbing anything, not that im here to argue that. i do have the statements explaining the whole nite, we had a box blade in the trunk of my car and were at a car lot "where someone lived" obviously and i was returning parts that were stollen by my friend with full knowledge of the entire thing so i was charged with all of it. Im 24 and trying to start a family and get married and all of that is starting to freak me out. I have "nolo contendere" and adjudication withheld in 2004 and i would like to know if there is anything i can do to soften this issue or be done with it. I completed probation and payed all fines, im a college student and have only had traffic violations. any help would be great, thanks.

Attorney Chapman's response:

You cannot seal the armed burglary charge according to Florida statutes sections 943.059 and 907.041.

I'm trying to fill out application for residence agreement.One of the questions is have you ever bin convicted of a felony.
About twenty years ago I was charged with burglary of a residence,the case was downgraded to a misdemeanor adjudication was withheld. I completed my 1 year of probation and have never again bin in conflict with the law.
Do I have to answer yes on the have you ever bin convicted of a felony question on that application.

Attorney Chapman's response:

You have not been convicted of a felony. In fact, you also have not been convicted of a misdemeanor because adjudication was withheld.

Hi,

I was charged with AGGRAV ASSAULT W/DEADLY WEAPON W/O INTENT TO KILL 784.021(1A). I was offered 3 yrs probation, anger management class, and $1,259.50 in fees. I agreed. When I check the public records it states Pled Nolo Contendere Def Sent/Adj Guilty. Is this a domestic charge? Can this charge be sealed? and will this deny my application for extension on my residence status. I am a German National. Ive lived in the US since 1981 however my status was not leaglized until 2005. I was brought here as a child with my parents. Im now 34. Is there anything that can be done to make this less harming?

Please please help me

Happy Holidays

Attorney Chapman's response:

You cannot have your record sealed or expunged for two reasons:

1. You were adjudicated guilty, and

2. Aggravated assault is considered a "dangerous crime."

I was charged with a misdeminor "giving a false statement" and had adjudication withheld, do I have to answer yes when asked if I have been convited of a felony, or had adjudication with held?

Attorney Chapman's response:

You have not been convicted of a felony nor have you had adjudication withheld to a felony. Your offense was a misdemeanor.

hi i was a stripper and the offense was lewd and lascivious behavior misdiemonr the court hereby with holds adjudication of guilt this happen in 1996 i tryed doing it my self and denied can i get this exponse or sealed please help and let me know thanks

Attorney Chapman's response:

If your offense is listed in Florida statute section 800.04 (which it sounds like it was), you will not be able to get your record sealed.

When did 784.045 become not eligible for sealing? Where does it identify Ch. 784? 943.059 does not list Ch 784 as being excluded from eligibility.

Attorney Chapman's response:

Florida statute section 943.059 states that a violation listed in Florida statute section 907.041 "may not be sealed, without regard to whether adjudication was withheld, if the defendant was found guilty of or pled guilty or nolo contendere to the offense." One of the offenses listed in 907.041 is aggravated battery (Florida statute section 784.045).

In 1990, I entered a plea of nolo contendere withheld of adjudication for carrying a concealed weapon, I was awarded a withheld of adjudication, do I have a felony?

Attorney Chapman's response:

Yes, you do have a felony on your record. However, because adjudication was withheld, you are not considered a convicted felon. Therefore, you can still do such things as vote and serve on a jury.

3 years ago I was charged with Petit Theft & recieved Adjudication Withheld and 6 months probation. I completed the requirements of my probation the first day. I am applying for a work permit in another country & read that they won't issue one if you have a "criminal record". Do I? Do you think this would prevent me from being granted a permit?

Attorney Chapman's response:

You do have a criminal record.

Regarding the possibility of your obtaining a work permit in another country, you will need to consult with an immigration attorney.

My son was arrested in 2006 for DUI which was reduced to Reckless Driving. He was 19 at the time and because of his age was required to do 6 months probation, 50 hours of community service, paid fines and went to DUI school. He was arrested on Criminal Mischief (under $200) and Trespassing four months ago. Due to several proactive changes he made after the incident, the court agreed to dismiss the Criminal Mischief and with hold adjudication on the Trespassing, he pays $125 restitution for the property damage and $250 court costs. He will be graduating from college soon and wants to start a job search. Will he be able to have the DUI and the Trespassing expunged?

Attorney Chapman's response:

If he has no convictions, then he may be legally eligible to have either the DUI or trespassing charge sealed, but not expunged.

Hello. I was charged with scheme to defraud, a 3rd degree felony in the state of Florida. My adjudication was withheld. I received 5 years probation, court fees, and restitution for the charge. So my question is (a) when a background check is done, will this charge appear? (b) is this charge eligible for either expungement or to be sealed? (c) I was told by my public defender that because it's adjudication withheld, it will basically expunge itself, is this true? And (d). Do I still have the right to vote and carry a firearm if I'm still on this probation? Thanks so much for your time and help.

Attorney Chapman's response:

(a) This charge will appear when a background check is done.

(b) If you received a withhold of adjudication for Florida statute section 817.034, then you are not eligible to have your record sealed or expunged pursuant to Florida statutes sections 943.0585 and 943.059.

(c) That is not true.

(d) You can still vote, but pursuant to Florida statute 948.03 you are "prohobited from possessing, carrying, or owning any firearm unless authorized by the court and consented to by the probation officer."

hi i have a adjudication witheld for a 3rd degree grand theft, i was a first time offender, and i got two years probation and had to pay restitution. i have a few months left and want to start a new life without this on my record. what im saying is this is the only thing on my record and i want it gone. please i need to know what to do. can it be sealed or expunged off. thanks again

Attorney Chapman's response:

If you received a withhold of adjudication IN FLORIDA, then it appears you are legally eligible to have your criminal record sealed by a Florida court.

I have served 16 months of a 4 year Probation for violation Florida Statue 815.06 - Offenses Against Computer Users, Sub-Section (e) which reads: "Introduces any computer contaminant into any computer, computer system, or computer network"

I entered a plea of nolo contendere and withheld adjudication of guilt.
My question is: Am I considered a convicted felon? and will I be able to seal and expunge my records immediately following either the completion or early termination of my probation?

Attorney Chapman's response:

1. You are not considered a convicted felon.

2. Assuming you meet all of the other requirements for sealing your criminal record, you are legally eligible to have your record sealed.

I have a question. Just recently I had a company run a background check on me. I am near graduating and need employment to complete a one year internship. After the background check the company said I wasn't going to be hired. This is what they found...1998 misdemeanor retail theft, adjudication withheld; 2000 DUI, adjudicated guilty; 2003 DUI, adjudicated guilty; 2003 misdemeanor piss of marijuana, adjudication withheld; they also pulled up a dom violence charge that was dropped. On the application it only asked for crimes I had been convicted of so I only listed the duis and was told the dui wasn't the reason. I have begun the process of disputing the dom violence that was listed. My question is was I correct when I only listed the duis? And since adjudication was withheld than I can legally say that the only reason I have a misdemeanor record is due to the duis?

Attorney Chapman's answer:

1. If your only convictions are for DUI, then you answered correctly.

2. Even though adjudication was withheld for some of your offenses, they are still considered part of your criminal record.

Does a DUI in Florida ever fall off your record? I got one in 1988 when I was 19 yeasr old. Also in 2000 while in the Army, me and a bunch of other fellow soldiers were brought in for questioning, they fingerprinted me, asked me a million questions about some drugs another soldier who I didn't even know said I took, even though he never saw me take anything. After I was questioned, I went back to my barracks and never heard another thing about the incident. I was not arrested that day nor was I charged with anything. But in my FBI criminal records it shows CHARGE: Wrongful Use of Controlled Substance. COURT ACTION: Non-taken. Why would this even show when there was no arrest, no charge, no evidence, nothing. I was working for Homeland Security in 2005, they fired because of it, saying I lied about being arrested for this. I fought them and I won. They had to hire me back and give me back pay. How can I fight this on my record?

Attorney Chapman's response:

1. A DUI remains on your driving record forever.

2. My suggestion is that you try to get your criminal record from the military sealed or expunged.

Back in June 2006, I wrote a worthless check for over $150, qualifying me for a third degree felony. I turned myself in, got finger printed, posted bail (which was the amount of the worthless check plus potential court costs). I attended court, plead no-contest, and the disposition ended up being adjudication withheld, and the court records show it was a misdemeanor. Now my question is: Am I considered a convicted felon? If not, should I go through the arduous process of getting my record expunged? Does this type of information show up on a criminal background, do I have a criminal background? How do I answer potential employers? Thank you for any feedback.

Attorney Chapman's response:

1. You are not a convicted felon as a result of this case if you pled no contest to a misdemeanor.

2. Many people have misdemeanor records expunged.

3. This information will show up on a criminal background check because it is a public record.

4. How you answer potential employers depends upon what question(s) you are asked.

in 2005 i got a 3rd degree felony charge child neglct w/o bodily harm.. and was given adju. withheld. am i able to get this record sealed? in 2002 i was arrested for reckless driving as well but only wish to get the felony case sealed. is that possible?

Attorney Chapman's response:

As long as you were not adjudicated guilty of reckless driving, you appear to be eligible to have the child neglect charge sealed.

I plead guilty to a petty theft charge as an employee and judication was witheld. Im trying to get a new job and my question is: is that charge going to come up in a background check.

Attorney Chapman's response:

Because your criminal record is a public record, it very well may appear when you apply for a job.

i have a marijuan charge of less then 20 grams were adudication was with held can i get that sealed so i can eneter the guards

Attorney Chapman's response:

Yes you can.

I plead no contest to a misdemeanor and adjudication was withheld. It is in the process of getting sealed but not complete yet. I have been told that I don't have a "conviction". What is my current answer to the following question:

Have you ever been convicted of, or pleaded guilty or no contest to, a Misdemeanor crime, excluding 1) any offense for which you were adjudicated as a juvenile, 2) any convictions which have been expunged or sealed by a court, or 3) any misdemeanor convictions for which any probation has been completed and the case dismissed by the court (in states where applicable)?

Attorney Chapman's response:

Until your case has been sealed by court order, you will have to answer this question "yes."

Recently need to go back to the county where probation takes place, through the advice of another lawyer 4hrs. away. 3 questions. Adjudication withheld was on the the charges of fraud, forgery, and uttering. i then violated probation on the same charges because i didnt have a job and the money to pay the probation fees. I argued with the d.a and public defender that they could do whatever, just keep the adjudication withheld so that i could have the record sealed in fl. i recently checked my background. will the whole record be sealed including the vop? once my record is sealed, can i obtain my license for nursing in the state of fl? i say that b/c florida now has added the charge of fraud as a dealer breaker in receiving your nursing license. But what if the record is sealed???

Attorney Chapman's response:

Your record will not be sealed unless you first petition the court to have it sealed.

Attorney Chapman,
I was wrongly arrested for a domestic violence battery charge in 2008 and two weeks after the arrest the charges were dropped by the state and by the request of the victim for committing perjury. The state issued a "not filing charge", the charges were then dropped, I never went to court, however paid to get the arrest record expunged since there was never a conviction. I lost my job because of all of this, and am very surprised that there are no protections in the state for people who deal with unfortunate events like this. My issue now is, I plan on either working in the state, or public school system as a teacher, or in another state agency. I was a teacher before, and since the expungement have held positions where nothing has ever come up on a background check. However, I want to know if I should admit to an expungement when I am asked a question "Have you ever had any record sealed or expunged in which you were convicted of a criminal offense?" Since I was never convicted, I believe I should answer that as a no. Also, is there any way to have the state, FDLE, or FBI destroy your expungement record?
Thanks

Attorney Chapman's answer:

You are correct. Because you were not convicted, you can answer that question "no."

According to Florida statute section 943.0585(4), "any criminal history record in the custody of the [Florida Dept. of Law Enforcement] must be retained in all cases."

I was arrested for grand theft in florida in 2003. I pled and adjudication was withheld. I have since had my case sealed as of march 2010. I understand what sealing means. But with all of the background check companies around today how can I make sure this is not going to show up if a potential employer happens to use some mom and pop background check company in timbuckto? Thank you

Attorney Chapman's response:

If your criminal-history record does appear during a background check, contact the company that provided the information, and tell them that there is a court order sealing your record. If that doesn't work, contact the Florida Dept. of Law Enforcement, and they will contact the company for you.

In 1997 I plead nolo contendo to a charge of r.i.c.o.
Adudication was withheld. In 2005 I was charged with a misdimeanor hunting at night with a weapon and from the r.o.w. and adudicated guilty. Am I disqualified from having the records of the felony case sealed?

Attorney Chapman's response:

You will not be able to get your felony record sealed because you were adjudicated guilty of the misdemeanor.

My friend was arrested for giving a false middle name information to a cop. The judge withheld adjudication with time served and he was released several hours later. Does this mean his record is clear and it was dropped? How should we go about making sure it is cleared and does not affect his current job. Please let me know.

Attorney Chapman's reponse:

If your friend was setenced to time served, then he was almost certainly adjudicated guilty. Check the court file to make sure. If he was adjudicated guilty, then he cannot get his record sealed or expunged. If adjudication was withheld, then he may be eligible to have his record sealed.

I was arrested for the first (and last) time ever last year in 2009. It was a theft related charge (grand theft 3rd degree). Since I was a first time offender, it was adjudication withheld and I was given the option of a plea (probation, community service, and restitution payments each month) and the option to early terminate in 3 years in the event that I complete all terms of probation. I have been complying with all the terms of my probation and have not violated or tested positive for any substances. But I'm having EXTREME difficulty finding employment. When the case was still pending I was turned down employment from a Target store, which I understood. But now that the case is closed and I've been adjudicated, Wal mart has turned me down (just today!) and I'm scheduled to attend an orientation for another job tomorrow (racetrac gas station) in broward. I don't know if they'll perform the background check later and then fire me or if they'll find out about it sooner and then withdraw their offer of employment. Applications that I fill out are not specific enough. They ask me if I've ever been "convicted" and the honest answer is always no, but then the background check will compel them to not hire me even though I'm a first time, NON convicted offender.Funny thing is, if I DON'T make restitution payments, I get arrested for violation, but no one will give me a chance and hire me so that I can make money to make payments. Any suggestions on what I should do?

Attorney Chapman's response:

As soon as you are off probation, petition the Court to seal your record.

I had a case in 2004 for possession of marijuana under 20 grams in Broward county and the disposition was adjudication withheld. Earlier that year I had a domestic battery charge in Palm Beach County and that case was dismissed. I received another possession charge in 2007 in NC and I was able to have that charge expunged. Will I be eligible to have the possession charge from Broward expunged from my record? Also, I checked the Broward Clerk of Courts online records and was not able to find any information about my case but I have the original disposition order from when I appeared in court. Wouldn't the adjudication withheld disposition appear in those records? Any information you can give me would be greatly appreciated. Thanks!

Attorney Chapman's response:

Your expunction in North Carolina is going to prevent you from getting any Florida record sealed or expunged.

Your Broward case should appear online, but there are many possible reasons why it does not.

For almost 2 years I have this adjudication withheld on a misdemeanor case for petit theft and is keeping me for getting any job for the last 6 months because apparently I have a criminal record, however in Florida is hard to know this because one side states that I never been convicted for a crime, but the other side state that I am convicted for it, I want to seal it, am I going to be able to do it ? Is my first offense, I never been arrested, I have no other charges, how long it could take ? Please I need some serious help...

Attorney Chapman's response:

Based upon the withhold of adjudication that you received, you should be able to have your record sealed.

My daughter has been arrested for 777.03 Accessory after the fact in the 1st degree, that was the initial charge, but I beleive when she went to her arraignment they dropped it to Acc. after the Fact in the 3rd degree. My question is: Her attorney has mentioned Adj withheld, she is still waithing pretrial, and she is eager to take anything to get out, but she also wants to join the armed forces which she was concidering before all this happened. Will she be able to join the Armed Forced with Adj withheld? The recruiters are saying that as far as they are concerned, when you have Adj withheld it is basically admitting that you are guilty and that you just took a plea. Could you please inform me about what kind of charge we need to get this dropped down to in order for her to join the military. She has no priors. Thanks the Worried MOM

Attorney Chapman's response:

The military branch that she would like to join will have to answer that question for you. I do not know what their enlistment criteria are.

Hi,
I was accused of animal abandonment and official misconduct on a cat that I didn't have. The woman who owned the cat couldn't even describe what I looked like to the officer. I plead No Contest in the court, with my attorney and I believe this is on tape. I got 2 years probation and adjudication was withheld when I took the plea Bargain.
I have been terminated early from probation but I've noticed on my record is shows Plead Guilty when I didn't plea guilty. What can I do? I can't get a job anymore and the only reason I took the plea was because I had no money to pay this lawyer.
Is there anything I can do?

Attorney Chapman's response:

Petition the court to seal your record.

pled no lo to sale, man, del of a c/s (i was growing, not that it matters) end of 08 and recieved the withold of guilt. recently have early termed on probation and have been looking to get off the registered felon list, mainly the 48 hours and having to register is total BS "collateral consequence" my behind. don't see any reason i'd have register in whatever county during a week vacation to the keys. so i see accoridng to 775.13 4a for people who've had their rights restored no longer have to register... why exactly doesn't that apply to me i mean i have full rights don't i? also what can i possibly do to get rid of registering... sealing/expunging? or does 4c apply to me and i just have to wait the 5 years

Attorney Chapman's response:

In order to get your record sealed, you will have to file a peition with the court.

Dear Mr. Chapman:

My friend have a witheld adjudication for conspiracy to traffic cocaine, section 893.135(4) of Fla. Statutes, dated in 1988. He plead nolo contendere. He served a 3 years term probation satisfactory. Also pay a fine of $1,000.00. Does he qualify for sealed or expunged of record? As of today, his file or case record reflects in the online system of the county clerk, crimal division.

Also, he is planning to work in the Fla. Department of Education. Does he needs to disclose the criminal record in order to apply or qualify for the job.

Thanks you, for your time.

Attorney Chapman's response:

Pursuant to Florida statute section 943.059, he is not eligible to have his record sealed.

Hello! Just a quick question. After pleading no contest to a 3rd degree felony and having adjudication withheld. I was able to seal my record. I know that because I was given a withhold that I may answer "no" to the convicted felon job application question. But how should I respond to the specific question "Have you ever plead no contest to a felony, regardless of adjudication being withheld? I feel if I answer this question truthfully, I will automatically be counted out as a potential candidate for the job. PLEASE HELP---CONFUSED

Attorney Chapman's response:

Your record is not sealed until a judge orders it sealed. It does not sound like that has occurred in your case. Until that does occur, you will have to answer yes to the question about whether you have pled no contest to a felony regardless of whether adjudication was withheld.

I pled Nolo Contender to a (dui) reckless driving and have been ajdudicated guilty. I think I can't apply for expungment due to this fact: 1. Is this true? 2. If so can I have this changed to adudication witheld so I can then have it expunged.

This is starting to really hurt.

Please help - thanks

Chris

Attorney Chapman's response:

Because you were adjudicated guilty, you cannot get your record sealed or expunged.

Hi - you've answered so many, I hope you can clarify for me as well. In 2000, my boyfriend and I got in a fight (we lived together). Police came. I was arrested. We signed papers to not press charges and i never heard anything again. In 2005, I was arrested for DUI (pled guilty) and battery on a law enf. officer (adjudication withheld). Did probation. Not so much as a parking ticket since. Can or will I pass a level 2 check and if not can I apply for an exemption? This is to teach at a community college. Thanks for your time.

Attorney Chapman's response:

If you are asking about getting your criminal records expunged, the answer is no because you were adjudicated guilty of DUI. If you have ever been adjudicated guilty of any crime anywhere, you cannot get any charge sealed or expunged in Florida.

Attorney Chapman:
In 1999, I was charged with a 2nd degree misdemeanor 812.014.
**That was my first and only criminal offense ever**
I had adjudication of guilt withheld according to my paperwork although on the site of the clerk of courts it now says adjudication withheld. What's the difference if any? I was never arrested or fingerprinted and just given a court appearance. At the advice of my Public Defender, I pled no contest and was just given a fine which I paid off in a timely manner of course. Some years back out of curiosity, I ran a FDLE background check on myself and nothing came up. I am now a college graduate ,looking for work as I got laid off, and I have huge concerns.
1- In applications or verbally if asked if I was ever convicted of a crime, is it okay to say no?
2- What does it mean since my FDLE background check came up with nothing? Am I "safe"? At least from a local background check?
3- Do I qualify for an expungement or having my record sealed?
4- Approximately how long is the process?

Thank you for your time

Attorney Chapman's response:

1. It is OK to say no because adjudication was withheld.

2. I do not know why your record does not appear on your FDLE background check.

3. Based just upon what you've told me, you are legally eligible to have your record sealed but not expunged.

4. It currently takes about 9 months from start to finish.

My wife was arrested in 1995 for a INSUFF FUNDS CHECK. She didn't go to court and blew it off. In 1997 she was arrested and charged with FAILURE TO APPEAR in conjunction with the bad check, both 3rd degree felonies. She faced the music at this time and answered to Both charges. This resulted in adjudicated withheld, and appear to be part of the same case. I have two questions.

1) Can both of these be expunged since they are tied to the same offence.
2) Because adj was withheld, if she is asked on a job application if she has been convicted of a felony does she have to answer yes, if so how about if the charges are expunged.

Thanks so much

Attorney Chapman's response:

1. Both charges can be sealed (but not expunged) if they arose out of the same incident.

2. If adjudication was withheld, then your wife was not convicted, and she does not have to say that she was convicted when filling out a job application.

3. If a record is sealed or expunged, then an individual does not have to acknowledge it on a job application unless she is applying for certain types of jobs such as a police officer or school teacher or applying to be a lawyer.

Hello! Back on September 8, 2010 I asked " how should I respond to the specific question "Have you ever plead no contest to a felony, regardless of adjudication being withheld?" Thanks for your response. I guess I did not make it clear that YES, the Judge has already ordered my recod sealed, and I have done everything required. After having a background search done on myself, there was no sign of the offense on my record. But still, I know potential employers will dig deeper than I did. I feel if I answer the "Have you ever plead no contest to a felony, regardless of adjudication being withheld question truthfully, I will automatically be counted out as a potential candidate for the job. PLEASE HELP- STILL CONFUSED

Attorney Chapman's response:

If you have a court order stating that your criminal record has been sealed, then you may, according to Florida statute section 943.059(4), "lawfully deny or fail to acknowledge the arrests covered by the sealed record." However, there are certain exceptions to this rule which you should be aware of and which you can review at:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0943/Sections/0943.059.html

Look particularly at subsection 4 of section 943.059.

Hello, im hoping for some guidance on what to do. In 2007 i received a charge of possession of a controlled substance without a valid prescription. It is a florida circuit felony, i plead NC and adjudication was withheld. I completed my two year probation (of course because i really dont use drugs and rarely use alcohol) and was released 01/10. My dilemma is that i have since began school and hope to be accepted in a Radiology program at my college. However, i can not graduate if the ARRT does not certify me. I was going to submit a pre-review of my background and cross my fingers but they said if i get the record expunged i will not have to. If it is sealed, it will not matter and i will have to complete the procedure. Am i eligible for the expungement? If so i would rather pay the money for that and avoid the embarrassment. Any help would be greatly appreciated, and thank you so so much in advance.

Attorney Chapman's response:

You appear to be legally eligible to have your record sealed but not expunged.

In 1993 I was with a friend, she was caught shoplifting, they asked me to come with them so that they could ask me some questions. We both went to jail, we didnt use our names, we made up names. We went to court I pleaded No Contest and I never finished my probation. What is the statue of limitations for Grand Theft and using a ficticious name. I have been stopped by the police on several occassions but never been arrested since 93. Im 40yrs old and im in college,I need to clear my name but I dont want this on my record!

Attorney Chapman's response:

The statute of limitations for the two offenses that you mentioned do not apply in your case because the prosecution was begun immediately upon your arrest.

In September 09 i plead out to 90 days in jail for fleeing and eluding (3rd degree) and violation of probation for DWLSR. I'm want to move on from this situation so i would love to know would i be eligible to get my record sealed or expunged.

Attorney Chapman's response:

If you were adjudicated guilty of fleeing and eluding, then you are not eligible to have your record sealed or expunged. It all depends upon how your cases were ultimately resolved.

I was charged with robbery w/firearm and on the paper says ADJUDICATED GUILTY COUNT 001 but I want to exponge my record this is my first felony nothing else on my record.what can I do? can i do that in florida? And what about if I am in another state?

Attorney Chapman's response:

You cannot get your record sealed or expunged in Florida because you were adjudicated guilty.

i was 18,adjuticated guilty of theft 300-5000, now 25 with a family...during case my laywer(a well known name in our community) comitted suicide(after he was found out for molesting children) so i got shuffled around to different lawyers and i feel my case was not properly handled and i was not told the right things to do in a timely manor is there anything i can do to seal or expunge my case?

Attorney Chapman's response:

If you were adjudicated guilty, then you cannot get your record either sealed or expunged.

At the age of 18 I was arrested in Florida for 2 counts of burglary and 2 counts of trafficking stolen goods. These were deemed felony counts. I pled no contest to the charges, and had adjudication witheld on all charges. I was fined, and completed 2 years of probation. I was told that since there was no adjudication of guilt, I could reply "NO" on all applications, state and federal, and all job related applications in the question of having ever been convicted of a felony. 6 years ago, in Massachusetts, I gained employment in the financial industry by one of the nations top 10 banks in the field of Corporate Security. My fingerprint/background check returned the previously stated charges still on my record for over 25 years. My employment was held up and given to the legal department, which in the end was approved due to Florida's first offender laws. I had to provide a copy of the courts ruling of adjudication witheld.

I am now facing a layoff, and have been wanting to advance my career into the security field. My need is in gaining a license to carry for armed security, investigation, and other high level opportunities. Legally, would my adjudication witheld prohibit me from gaining a firearms license? Can after 28 years with no other convictions, less the typical traffic offenses, get my records sealed or the original charges expunged?

Attorney Chapman's response:

The fact that 28 years have passed would not, by itself, prevent you from getting your record sealed or expunged.

I 2006 i was arrested for petty theft in fla. I accepted a deal to plea no contest to 2nd degree disorderly conduct ajudication was with held and i paid a fine. I was convicted 12 years ago of misdemeanor DUI and recieved the minimum sentence and completed everything. I know i can't seal the dui but can i have the disorderly conduct sealed and if so with that also seal the arrest for petti theft since it was changed to diorderly conduct. I f yes how do i go about doing this.

Attorney Chapman's response:

Your DUI conviction makes it impossible for you to get your disorderly-conduct case either sealed or expunged.

Dear Mr Chapman I forgot to tell you the new Megans Law International will also require me to register with the US Embassy every 6 months and also instead of my passport being good for 10yrs they can limit it to 1yr.

Thank you,

David

I was arrested in 1997 for a felony aggravated battery with intent to maim. I actually did not commit this crime, a friend of mine did but I went to jail for it. My attorney told me that we could win the case but the prosecutor offered us a nolle pros and my attorney told me that we could fight and win or take this and be done. I was nolle prosed and completed anger management classes. I am being looked at for a job and I completed the application stating that I was arrested but was not convicted. I went through 4 interviews and think that I have the job but I am worried that this will hurt my chances. What do you think?

Attorney Chapman's response:

It may well be hurting your chances. Why not petition the court to expunge your record?

I had a case back in 2007 for Fraudulent Use of a Credit Card. Adjudication was Withheld. I have two questions can I have my record sealed and two I am soon going to be applying for an apartment and on the application it asks if you have been convicted of a felony. I don't want to seem dishonest by saying no, because they will do a background check. Should I say yes and explain or no and take my chances. I don't want to lie at all. I am confused I really want this whole mess behind me. Another question when a background check is preformed does this case show as me having a criminal record?

Attorney Chapman's response:

1. Check to see what Florida statute you violated. If it was section 817.034, then you are not eligible to have your record sealed.

2. Adjudication withheld is not a conviction, so you can answer no as long as the question asks only about convictions.

3. Some background checks are more thorough than others. So your name might appear on some and not others.

I was charged with stalking in 2008 the charges was dropped/dismissed (nolle prossed). Question 1. On a job application it ask if found guilty or nolle contest. I answer no because NO plea was entered and I completed PTI progran and charges was dropped/dismissed. Can I have this sealed/expunged. I have no criminal history. what are the steps to do so. Since I'm relocating to NJ/PA and this happen in FL would it affect me obtaining an insurance or real estate license in PA or NJ. Thanks

Attorney Chapman's response:

Because you have no criminal history, you appear to be legally eligible to have your record expunged.

I was convicted by plea for aggravated battery pleading no contest and adjudication withheld can I own a fire arm in fla

Attorney Chapman's response:

Reading the article located at the following URL may answer your question:

http://www.ehow.com/list_6803434_gun-laws-florida.html

I have a first arrest with a DUI. Is it possible to get a plea to reckless driving withhold adjudication in Palm Beach county if the case is weak?

Attorney Chapman's response:

It is possible although the State Attorney's Office does not make plea offers of reckless driving all that often when you are originally charged with DUI.

i have a ,BURGLARY-OF STRUCTURE CONVEYANCE UNARMED WO STATUTE/ORDINANCE-FL810.02(4)LEVEL-FELONY ,3RD DEG STATUTE DESCRIPTN-UNARMED BURG OF UNOCCUPIED STRUCT OR CONVEY DISP DATE-01/24/2003 DISP-ADJ WITHHELD COUNSEL-OTHER TRIAL-NONE PLEA-NOLO CONTENDRE and PETIT 1ST OFF STATUTE/ORDINANCE FL812.014(3A) LEVEL-MISDEMEANOR,2ND DEG STATUTE DESCRIPTN-PETIT THEFT 2ND DEGREE 1ST OFFENSE DISP DATE-01/24/2003 DISP-ADJ WITHHELD COUNSEL-OTHER TRIAL-NONE PLEA-NOLO CONTENDRE they were both on the same case and as a juvenile can i get my record sealed or expunge and can i poses a firearm or my concealed weapons permit

Attorney Chapman's response:

1. It appears that you are legally eligible to have your record sealed but not expunged.

2. Regarding your obtaining a concealed weapons permit, I suggest you look at:

http://app1.licgweb.doacs.state.fl.us/firearms/prequal_questions.aspx

Greetings! When I was 23(but now I'm 31)and a college student at Famu, I was convicted of driving with on suspended licenses. A few months after that, I was charged with theft of stolen services(grand theft), but I paid the restitution, and was on placed on probation for a year. (which i completed all of that) Now it's 11 years later(haven't been in ANY trouble since then), and it's coming back to bite me in the butt. I currently reside in GA, and have applied for a firearms permit, and I was denied based upon my background, and I'm trying to figure out why did that happen. Adjudication was withheld on the grand theft offense. I was informed that none of my civil liberties would be affected however, it doesn't appear to be this way. I made a mistake, and I'm not trying make any excuses for it. But EVERYONE deserve a second chance based upon the seriousness of their offense. Is there ANYTHING I can do to get the traffic charge retroactively dismissed so that I can get my record sealed, and move on it with my life? Also, why is it that GA have a 1st time offenders act and FL doesn't not? I personally feel that the system is set up to make people fail, because if they can get a job, then what else does that lead someone to do? Well, they are going to commit a criminal act(although it is wrong, and I wouldn't do that)so I guess the criminal justice system really does not believe in rehabilitation.

Thanks,

Cortez

Attorney Chapman's response:

1. Too much time has passed to get your traffic charge dismissed.

2. It is up to each State to decide whether it wants to have first-time offender laws. I do not know why Georgia implemented that law but Florida did not. (I wish Florida would.)

In 1995 I was charged with fleeing or eluding (1st deg. misdemeanor) and reckless driving (2nd deg. misdemeanor). I pled nolo contendre and adjudication was withheld on both charges. Can I have my record expunged or only sealed?

Attorney Chapman's response:

Initially your record can be sealed. But after it has been sealed for 10 years, you can request to have it expunged.

If my daughter accepts a plea of felony battery, adjudication to be withheld, can she get the case sealed after completing probation? Can it then be expunged after 10 years? The only thing she has ever done is plea no lo contende to an improper lane change violation in another state.

Attorney Chapman's response:

The answer to both your questions is yes.

I was falsely arrested in Fl for a misdemenor for trespassing with warning. The disposition was WH Adj W/ fine & Cost. Is this on my record and can I have it seal and/or expunged?

Attorney Chapman's response:

It is on your record, and you may be legally eligible to have your record sealed if you otherwise qualify.

I was adjudicated guilty on 4 charges; trespass structure; battery; assault; possession drug paraphernalia. I had adjudication withheld on 3 charges; 3 counts of possession of controlled substance. My question is "When applying for employment, which of these, any or all, do I include on my applications when answering the question of 'Have I ever been convicted of any crimes, felony or misdemeanor?"

Attorney Chapman's response:

Mention only the four charges that you were adjudicated guilty of.

my question is: my ex stole my credit card and maxed it out. i went to talk with her several times about the bill. and wanted her to pay the charges. after i came to her several times about my bill...she called the police on me. i had to go to court for STALKING FOLLOW HARASS ANOTHER /VOP
went to court over that mess, and was ajudication withheld. misdamenor. i never has so much as a parking ticket in my life time. and this happened over 8 years ago. is there any way possible i can clear this off my record?? reverse it or talk to a judge? will this go off my record after a certain amout of years? or am i stuck with this on my record untill i die!?

Attorney Chapman's response:

It depends on the specific charge that adjudication was withheld on. You said "stalking follow harass another." It would be helpful if you know the specific charge.

i got adj guilty when i was 18 for a armed robbery. i did 6 yrs in state prison (Florida)i have been out almost 7 yrs, and have not gotten into any more trouble. is there some thing i can do about my record ????

Attorney Chapman's response:

You cannot get this record either sealed or expunged because you were adjudicated guilty and because it is considered a "dangerous crime."

I was adjudicated guilty for a sale of cocaine charge in 2007. Can i ever have this sealed?

Attorney Chapman's response:

No. Being adjudicated guilty prevents that from ever happening.

In 1987, I was charged with petit theft less than $300.00. I plead no contest and adjudication was withheld with $125.00 court cost, 3 months probation, and 20 hours community service

Since that was about 23 years ago, can I just have this record expunged without having to have it sealed for 10 years beforehand? I am getting older now and haven't much time left.

Thank you for your help.

Attorney Chapman's response:

Unfortunately the law does not allow that. You will first need to have your record sealed for at least 10 years before requesting that it be expunged.

I am a California resident and I was recently in Miami for the first time, I was charged with 2 misdemeanors:

1. Disorderly Conduct
2. Resisting Arrest without Violence

Disorderly Conduct - Withheld Adjudication
Resisting Arrest Without Violence - Dismissed

I have no prior record of any kind other than a couple speeding tickets in CA. My question to you is:

Given that there is no actual conviction on my record:

1. would an employer agency doing a background check still be able to see these charges?

2. Does the fact that I would be applying for work in CA make it less likely that they would see this on a check?

3. Should I even bother having my record sealed or expunged?

4. And would I need a lawyer to do this or is my case able to be handled by just me?

Am I likely to succeed if I am eligible for a seal??

Thank you very much in advance!

Attorney Chapman's response:

1. Yes because it is a public record.

2. Probably not since many background checks include national searches.

3. That is entirely up to you.

4. You can do it yourself, but it's going to be very difficult if you're in California.

I have a burgalry and a cocaine charge that each resulted in adjudication being withheld. I am not eligible to have either record sealed.

If a question on a job application asks if I've ever plead guilty to a felony charge, I'm guessing I would technically be required to answer "Yes."

Attorney Chapman's response:

You are correct unless you pled no contest.

i am currently under probation supervision. I have completed a one year community control program, followed by 4 years probation, 2 year early termination. about to start my second year, i have an occupied dwelling charge with hold adjudication. am i eligible for expungement? first felony offense.. thank you.

Attorney Chapman's response:

The charge of burglary of a dwelling cannot be sealed even though adjudication is withheld.

In 2010, I was originally arrested for domestic violence. The charges were reduced to an affray (784.03 1(a)1) touch or strike. Is this still considered domestic violence, since it occurred to my wife?

The outcome was nolo contendre, adjudication withheld. I paid court costs and probation was automatically terminated. Case closed. No jail time. No Batterers Intervention Program.

I still have my rights to vote, serve on a jury, and hold public office. But what are my rights as far as guns are concerned? Buying, possessing, and concealed? I can't get any answers from Dept. of Agriculture.

Attorney Chapman's response:

"Domestic violence" is defined at the following website address:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0741/Sections/0741.28.html

i have 2 prior dui's 2000 n 2006, both adjudicated guilty, and was then charged with "deriving proceeds from prostitution" in 2008. i tried to seal it myself and was denied for the prior dui's. i plead no contest to get an adjudication withheld, paid my fines, did my probation, but when i do a criminal check on myself it appears as a conviction.
I am trying to relocate a little further south in florida but i am afraid potential landlords/management co. and employers will see this as a conviction. am i a felon? should i disclose this to landlords/employers? most wont rent/employ acutal felons???? thanks nick c.

Attorney Chapman's response:

The crime of deriving support from the proceeds of prostitution is a third-degree felony, so you have a felony on your record, but you are not a convicted felon if adjudication was withheld.

I was charged with a misdemeanor and I adjudicated with guilt withheld. Does this mean that I am still presently formally charged with committing a criminal offense?

Attorney Chapman's response:

It means that you WERE previously charged with a criminal offense that still appears on your record.

i was arrested for retail theft 6 years and plead no contest. now a company will not hire me because oh it but the judge gave me probation with withheld adjudication it should not keep me from the job right i payed everything that i was suppose to please help i don't want to lose my job i have been working a week and half

Attorney Chapman's response:

Your record will continue to show up unless you get it sealed.

A few years ago when I was 18 im about to be 22 I was arrested and charged with scheme to defraud the deal I was offered was adjudication was withheld with 100 community service hours, and 3 yeats probation the only reason I took this deal was because my public defender told me I could get my record sealed and that was the best I was going to get to take it otherwise I could get up to 5 years in jail. He said it was a good deal because later on I could get it sealed and move on with my life which is why I took the deal. Now im about to be through with probation and it says that is now a disqualifyimg crime. Can I petition the court do anything about this? I would have never taken that deal if I knew this I want to become a RN and cant if I cant fix this. Please help!

Attorney Chapman's response:

The crime of scheme to defraud is, in fact, one of those crimes that cannot be either sealed or expunged (unless, of course, the prosecutor drops the case altogether. Then it can be expunged.)

Question? I am currenty applying for a Law Enforcement Officer position here in the State of Florida. I have been running into road block after road block filleed with NO's. If stated correctly in the past 47 applications that I have submitted, you cannot have any felony convitions and some mistemeanors are judged by case to case bases. To explain, in 1998, I was incarcerated for a 2 day period on the charge of littering. I posted bail in the amount of $100. Upon my court date, the stipulation of adjudication withheld was entered on my behalf. A return of surency form was issued by the courts (returning the monetary notes that were rendered for my release). Do to a retention clause of state criminal records, the file had been destroyed. In 2003, I was detained, not arrested and a notice to appear in court for possesion of drug parraphinelia and carrying a concealed weapon, (brass knuckles or paper weights). The drug parraphinelia charge was nolo prossed ( dismissed by the courts and states attorney's office. The carrying a concealed weapon was reduced to a civil infraction. The question is not if I can get these expunged because under Florida Statute According to Florida Statutes Sections 943.0585(1)(b)2. and 943.059(1)(b)2., a criminal record cannot be sealed or expunged if the person applying has been adjudicated guilty for committing any of the acts stemming from the arrest or alleged criminal activity to which the petition to seal or expunge pertains, meaning that I meet criteria to have two of these charges expunged. My question to you is, are the charges stated actual mistemeanors convictions even though an admission of guilt was not rendered by the courts. I am currently licensed as a Private Investigator Intern, (Class CC license) here in State of Florida with a Class D License to perform as a Security Officer which includes a Class G Lincense (Statewide Fire Arm License) in which allows me to perform my duties in a armed compacity. I have a Certificate of Eligibility granted from the Criminal Justice Standards and Training Commission (FDLE) to perform as a sworn Law Enforcement Officer here in the State of Florida granted that I recieve employment. Any help or advice would be helpfull. According to research that I have performed on several different agencies, policy is not accurate due to fact of the number of Law Enforcement Officers having less than favorable backgrounds including outstanding criminal histories.

Attorney Chapman's response:

If your charges were reduced to civil infractions, then they're not misdemeanors. Also, if adjudication was withheld, then you weren't convicted.

In 2004 I got a second degree misdemeanor for leaving the scene of an accident. I only had to pay a small fine and had adjudication withheld. I'm trying to get a federal job with customs and wanted to know if it is possible to get this expunged from my record. This is the only thing I have on my record.

Attorney Chapman's response:

You appear to be legally eligible to have your record sealed. Once it is sealed for at least ten years, you can petition the court to expunge it.

in 2005 i was arrested for possion of narcotics, they were felony's. When setenced it was adjucated withheld and sentence to probation. I finished out my probation and moved to PA, i was wondering if i have to put convicted felon down on my applications and should i waste my money on getting it sealed.

Attorney Chapman's response:

1. You are not a convicted felon if adjudication was withheld.

2. Most people get their records sealed so that they do not have to report it on a job application or so that it does not appear on a background check. If one of these reasons applies to you, then you may want to get your record sealed.

My brother had a plea of no contest of lewd/lasc battery person 12-16 years old and he was a community control following regular probabtion. This all was many years ago. He had adjudicated witheld from all counts I- VII for the plea of no contest. Could his record be sealed or expunged?

Attorney Chapman's response:

Your brother cannot get that record sealed because of the offense that he pled to.

I currently have two 3rd degree felonies on my record, one for child neglect, and the other for obtaining property with worthless check under $150.00. Adjudification was withheld on both of the cases, and I have a choice of which one I should get sealed. Which one looks worse on my record to a potential employer?

Attorney Chapman's response:

I tend to think that child neglect looks worse, but if you're trying to get hired by a bank, for example, that potential employer may be more concerned about the worthless check charge.

The offense was Agg. Battery. The sentence was Adjudication Witheld. Probation. This was 09/20/1984. I was trying to get my record expunged. The state sent me a letter stating that they could not expundge my record because I never lost my civil rights.
I just want to know what adjudication Withheld means as far as when some one looks at my record. I also want to know what I can say to defend myself when my record comes into question , when employment etc. is brought into play.

Attorney Chapman's response:

1. Adjudication withheld means that you were not convicted of aggravated battery.

2. Point out to potential employers that this case is 27 years old and that you have changed since then. Also, be sure to point out to them that you are not a convicted felon.

Hi i have an unlawful sexual activity with a 17 yr case that was drop to a child abuse without bodily harm adj withheld what can i do about this case i m done with probation, any chance of sealing or expunge please let me know thank you sir

Attorney Chapman's response:

Unfortunately, Florida law does not permit you to seal the charge of child abuse.

A friend of mine was charged with lewd and lascivious acts and was withheld adjudication back in 1998. He currently has to register twice a year as a sexual offender. Is he able to expunge his record based on the withheld adjudication? Will he ever qualify to receive a pardon from the state and remove his name from the registry?

Attorney Chapman's response:

1. Because of the charge, your friend will not be able to have his record sealed or expunged.

2. Regarding your second question, please see my article entitled "How to Get Your Named Removed from Florida's Sex Offender List" which can be found at:

http://www.justiceflorida.com/2010/03/articles/sex-offenders/how-to-get-your-name-removed-from-floridas-sex-offender-list/

In 2006 I was charged with aggravated assault with intent to commit a felony. The adjudication of guilt was withheld and no contest/ nolo contendre. I served half time, paid my fines, completed my course and have now been off of probation for one year. From what I have read I am neither eligible for expungement nor sealing, however I retain my right to vote and be on a jury as well as the right to own firearms after three years from my completion date. Am I correct? The other thing was during the entire process my public defender told me that I was eligible to have my record expunged. I take it there is nothing I can do about that is there?
Thanks from Ray in Alachua County

Attorney Chapman's response:

You are correct; your record cannot be sealed or expunged because of the nature of the charge.

I'm not aware of any remedy you might have pertaining to your public defender.

Hi, my sister in 2004 was arrested on paper, petit theft (shoplifting) statute 812.014, pled guilty (I dont know why b/c she just was spotted exiting the store w/someone who was actually stealing), but the disposition was Withhold of Adjudication, paid fine and court costs. That record was sealed and she is waiting 10 years to expunge it. Last year, she went w/my niece to a store and was stopped by an officer when exiting the store. My niece concealed a bracelet on her purse and intended to exit the store w/out paying. My sister took the blame. So, she was arrested on paper again,charged with a misdemeanor, and the adjudication was NOLLE PROS-COURT OPT.
Presently she is applying to a graduate program and does not know how to answer these questions:

-Have you ever been convicted in any state or country of a criminal offense, other than a minor traffic offense, where you have been found guilty by a judge or jury or entered a plea of nolo contendere (no contest) or plea bargain; any juvenile offenses; any offenses where the records have been expunged; or any conviction that the applicant is currently appealing, regardless of adjudication?

thanks in advance for your help in this matter. :)

Attorney Chapman's response:

Although the application asks for "any offenses where the records have been expunged," Florida law does not require her to do that if her record was sealed. So it appears that she can answer "no" to all of the above-mentioned questions.

I am a criminal justice major and in 2008 I was arested for simple misdemeanor battery. I was defending myself in a fight but the officer saw me as the agressor. I got a withhold with adjudication, and would ljike to know if that would ruin my chances of becoming a law enforcement officer and can I get that expunged.

Attorney Chapman's response:

1. Based upon the facts you've provided, you will be legally eligible to have your battery record sealed.

2. Whether your battery case will affect your chance of becoming a law enforcement officer will depend upon the hiring rules of the law enforcement agencies that you apply to.

I have questions regarding the adjudication withheld on my case.
In 2008, I was charged with possession of cannabis with intent to sell, possession of drug paraphernalia and possession of cannabis. The possession of cannabis charge was dropped, but I had a guilty plea for the other two and adjudication was withheld. I didn't serve any jail time, I was put on probation and I was granted early termination for completing all of the necessary requirements. On job applications that ask have I ever plead guilty to a crime, do I need to inform them of this even though the adjudication is withheld and will I able to get my record sealed/expunged? Thanks

Attorney Chapman's response:

Until your record is sealed, you will have to inform a potential employer about it if asked.

I received a Possession of Less than 20 grams of Cannabis and Possession of Controlled Substance Paraphernalia in 2010. The judgement is showing Adjudicated Guilty. Could you explain to me what this means and how this will reflect on my record? Also, if asked on a job application if I have even been convicted of a felony, would the answer to this question be "yes"?

Attorney Chapman's response:

Your record will show that you were convicted of two misdemeanors. Therefore, you can answer "no" to the question about whether you have ever been convicted of a felony.

I have an open DUI and while my license was suspended pending prosecution, it was restored after a hearing. My question is whether I would be prohibited from buying a car while I have a case pending. I want to trade in my car and get a used one and I want to know if the dealer will look up my record and not be allowed to sell me a car because I have an open case. As I mentioned, my license is valid. My case is going to trial in a few months but I need to get the car now because my current vehicle is in bad shape.

Attorney Chapman's response:

You can buy a car while your DUI case is pending.

Greetings!

Back in 2004, while I was a student at Famu, I was involved in a criminal matter regarding a theft of a stolen cell phone; however, I was charged with theft of stolen services because I purchased the Nextel cell phone from someone NOT knowing that it was stolen. The school (Famu Police Dept) wanted me to pay $2,000 for the calls that I made, and I agreed to do that, which would have kept the matter in house, although I did not see why I would have to, but seeing how I NEVER been in trouble with the law before, I was willing to do that. I was still booked by Leon Country and ROR. I was given 45 days of work sheriff's work camp and probation, but the next day, I went to sign up and due to me taking a final exam, I was 10 minutes to late to sign up, so they violated my probabtion. I served the 45 days in jail, and they gave me time served, and sent me on my way. Prior to that, when I was in violation of my probation, they did reset it but basically I had to go to jail for 45 days, and they counted that as the time for the work camp. Speeding things up a little bit, I have been having difficulty with getting a job because of my background. When anyone here in GA goes to do a background check on me, most of them are done by a company by the name of ADP, and it shows that I violated probation-felony (withheld) and here in GA a lot of people view that as a felony. Even when I applied for a firearms license here in GA, I was denied because I was informed that I am a convicted felony and I AM NOT, but when I applied through FL I was able to get it. I'm in my last year of school, and I desire to work in law enforcement. I realize that I made a foolish and careless mistake, but I don't understand how can I be of any good to society if I'm not able to work and produce for myself, as I want to do. I made an honest mistake, and I've been trying to rectify this matter for a while now. If you would, please tell me what I should do. In addition to that, I was informed that the reason why I can't get my record sealed is because, of my traffice offence, driving on a suspended/revoked license, BUT at that time, I didn't even have a license, so I don't see how I was charged with that. I tried talking to my public defender back then about it and I was informed that I would be fine because it was my first offense, and that I just don't need to get into any more trouble. Please let me know what I can do to correct this, or a motion I may be able to file to allow me to get this traffic thing dropped from my record.

Thanks.

Attorney Chapman's response:

If you have no adjudications of guilt, then you may be able to get at least one of your criminal records sealed or expunged.

May I ask you a question concerning the adjudification withheld issue?
In December of 2008, I had called the police for assistance to leave my home due to a domestic issue where my husband did everything he could to prevent me from leaving the home including smashing up my car. Five or six squad cars from Hollywood, FL Police Dept. arrived quickly to my home. I only spoke to and was spoken to by the lead or Supervising Officer. After he spoke to my intoxicated husband, he then proceeded to tell my husband how his wife had cheated on him and how lucking my husband was to discover it early. I was shocked that I was being accused of cheating and more so shocked that this officer was telling my husband his life story. The officer then came back and recited some made up story of my situation and proceeded to arrest me. Despite the facts my grown children and husband gave. I was charged with Misdemeanor Battery. It was dropped but then they charged me before arrignment w/LEO instead. I hired a lawyer after almost two days in jail(never in trouble with law before in my life) and was going to take it to court but lawyer seemed to only want to close the matter. I kept postponing the court dates constantly denying the allegations by the police officer. A few months later this officer is arrested for falsifying statements, reports and lying. He and another officer are fired and now awaiting court dates 11-28-2011 finally. I tried for a year to tell them this was the same officer that lied about me but was only brushed off. Finally I decided to just end this issue and tried to go on with my life. I was offered the adjudication withheld but was told it was a not a conviction but like a stet and I could have it expunged later. Now, I am finding out the lawyer I used mislead me and will not even return my calls. The State of FLorida now has asked me to be a witness for the State against the Police Officer. What I am asking is.. If he is found guilty of these charges, will the State have to go back into the convictions, pleas and clear them? If you are a practicing attorney I would be eager to hear what you have to say and take any recourse possible. It is the principle of the matter. I wish I had not been so ignorant of the choices I could have chose to end this ordeal with the court. I would urge anyone facing any type of crimminal case to invisitage the lawyer and the plea you are offered. With the internet there is no reason now I know not to be better informed.

Attorney Chapman's response:

It is unlikely that the State Attorney's Office will seek to vacate convictions involving this officer unless, for example, there is evidence that he fabricated evidence in a particular case.

Just a Question...
I was Charged with First Degree Battery, but recieved Adj Withheld.
when applying for a job, must I list this in my criminal History? It never asks for adj withheld in the application, but they do a Background search. it's been almost 8 years since the offense.

Attorney Chapman's response:

Look carefully at the question on the job application. If it asks only about convictions, then you don't have to mention your battery charge.

05/03/1999 state of florida
1.cr possesion of drug paraphernalia
adjudication withheld
05/03/1999
2.cr possession of canabis adjudicated guilty

would like to seal or expunge.

what are my options if any? had a dui in florida 1991.

Attorney Chapman's response:

Assuming that you were adjudicated guilty of DUI in 1991 (which, by law, you must have been), you cannot get any record either sealed or expunged.

I was arrested in 2002 (I was 16) for false imprisonment and lewd/lascivious act on a minor under the age of 12. I pled no contest. I successfully completed my diversion program. One of the terms of my plea agreement was that I could have my record sealed/expunged if I successfully completed all of the terms of the agreement. I got off of probation in 2004 (when I was 19 but I was still associated with the juvenile system). Can I still get my record expunged?

Attorney Chapman's response:

Based upon the information you provided, you may be eligible to have the false imprisonment charge sealed but not the lewd/lascivious act charge.

I have recently moved to Ogden Utah and obtained a job. I recently received notice that my Florida drug charges will not allow me to keep this job. I entered a plea of guilty. I was arrested on four counts of:
(1) delvery of controlled substance;poss. of controlled substance (mdma).
(2)Possession of a controlled substance w/ intent; poss. of cannabis
(3)Delivery of controlled subtance; poss. of controlled substance; delivery of cannabis; poss. of cannabis
(4)Delivery of cannabis; Poss. of cannabis less than 20 gramms.

These are written exactly as on the order of drug offender probation. The case was withheld adjudication. The judge ordered 5 years of probation, but I was allowed early termination after 2/1/2 years to move to Utah. Is it possible to have these charges expunged/sealed?

Attorney Chapman's response:

Based upon the information you provided, it appears that you would be eligible to have your record sealed. Then, after ten years, you could seek to have it expunged.

Appeal of an adjudication withheld?

I thought I was in PTI and I went to my court date for Judicial review and was railroaded into a nolo contendre with adjudication withheld for felony drug possession charges. The judge sentenced 24 months probation.

I had a public defender. This public defender did not return my calls and never met with me. I found out when I got to court that my case was re-assigned. I was then promptly asked to swear in my plea and sentenced 'adjudication withheld'. I really feel as if I was just run through the system and would like to know..

Can I appeal this judgement and go through discovery and trial? Can I just appeal to introduce new evidence of innocence and ask for a sentence reduction? Can I appeal at all, basically? If I do appeal, can I face harsher judgement as a result?

Attorney Chapman's response:

If you pled less than 30 days ago, you can file a motion to withdraw your plea.

My son was arrested on 3rd degree felony theft and felony scheme to defraud charges. His attorney was able to work out a deal with the state so that the felony theft was reduced to misdemeanor theft and the scheme to defraud was nolle pros. He plead no contest to the misdemeanor theft and received adjudication withheld and one year probation. He was just granted early termination of probation. My question is - since the scheme to defraud charge was nolle pros and it was all part of the same incident, is his record eligible for sealing?

Attorney Chapman's response:

Yes, your son is legally eligible to have his record sealed based upon the information you've provided.

In 1989 I was arrested for Agg Assualt W/A Firearm but was withheld adjudication for simply assualt. Just wondering how it appears on my background check. I know its on The Level 2 background check but don't how is stated. I know that I can answer no to convictions questions. Just not sure what the background check is showing. Any ideas? Called Tallahassee and was told that I could have it sealed but not expunged. Will sealing help me find a job!!!

Attorney Chapman's response:

1. Do a background check on yourself and find out what the report says.

2. Sealing your record may well help you land a job that you might otherwise not get.

i was charged with aggrivated assault with deadly weapon, I pleaded no contest and adjudication withheld. Can you get a second chance to be able to work or get some education. Do you think the law will change one day so I can have a regular life? Why they can't give you 10 years with good behaviors and seal your record. So one mistake should stop you from working or end your life?

Attorney Chapman's response:

Unfortunately, the charge of aggravated assault is categorized as a "dangerous crime" and cannot, therefore, be sealed.

I need to know something, I have been getting mixed answers about an issue I have with my criminal record for the past 5 years. In 2007 I was charged with Aggravated Assault With A Deadly Weapon. Needless to say the prosecutor dropped my charge down to Simple Battery, and Adjudication was Withheld on the Simple Battery charge. Whenever an employer does a criminal background check on me my background check shows the initial charge of assault with a deadly weapon an the employers act as though assault with a weapon is what I was convicted of. On my disposition it clearly shows the initial charge I was charged with and it says N/A besides everything for the initial charge. What I am really confused about is how employers are even using something I wasn't even convicted of against me. I recently went to get an armed security job in Florida and the person who pulled my criminal background check an interviewed me acted as though I was convicted of the initial charge of assault with a weapon. She said that in florida I am not allowed to posses a firearm or be a cop, is this true. Can someone please shed some light on this for me I have been dealing with this for too long now.

Attorney Chapman's response:

You should get your criminal record sealed so that you can stop dealing with this issue when you apply for a job.

Hello, about 8 years ago I was charged with petit theft. The result of the conviction was adjudication withheld. Approximately how long does the sealing process take? How would I disclose this on a job application? I understand it may ask specifically, whether I have ever been convicted of a misdemeanor or felony. Would my answer simply be "yes" (misdemeanor), or am I able to put no? I only ask because adjudication withheld seems to have a vague definition in some cases.

Attorney Chapman's response:

1. The sealing process takes 6 to 9 months.

2. You have not been convicted of a misdemeanor because adjudication was withheld. Therefore, you can answer that question "no."

Hello,

I had a few questions about sealing a record. The charge was petit theft, the outcome was adjudication withheld. I paid all fines (court costs), I also paid restitution. I know I am eligible to have the record sealed, my question is the time frame. I had a lawyer start the process for me (I wish I would've known about you earlier), but time is a small issue for me. Is there any way you can expedite the process?

Thanks in advance.

Attorney Chapman's response:

Unfortunately no. It can take 6 to 9 months to get a record sealed.

Back in 2008 I was charged with trafficking in stolen goods and given 3 years probation, 100 community hours and pay restitution with a withhold of adj. when I fill out a job and rental application, will it show up on my background??

Attorney Chapman's response:

Unless you get your record sealed, it will show up on a background check.

Over 8 years ago I was in a toxic relationship as well as dealing with alot of emotional trauma brought on by the death of both guardians within a week of each other, during which the ensueing disregard by family members to the honor and mmemory of the deceased lkead to a family arguement which ended up getting out of control. Due entirely to the situation which I forementioned I received an agg assault charge & ended up going through a downward spiral personally for about 2 years. These events & the consequences which resulted from the situation have taught me alot and made me the person that I am today, and I am better off as a person for going through said situation. That being said I am currently attending SPC and looking to become an registered nurse. I have been accomplishing my academic goals withease and have a GPA of 3.7 and I am only one semester away from applying to the RN program and it has now come to my attention that this charge may prevent me from acceptance to the program and if not potentially it may prevent me from getting licensed once I do complete my academic endaeavors. Do you know of anyway to fix this or any programs to which I can enroll into, attend & successfully complete so that I may acheive my life long goal of becoming a registered nurse with which I may help individuals in need of someone dedicated to making their lives better through my efforts?
Thanks for any help or information you can give me.

Attorney Chapman's response:

You cannot seal the charge of aggravated assault. Had charges been dropped altogether, you could have petitioned the court to expunge this particular record.

My boyfriend is currently incarcerated for armed trafficking, can the sentenced be enhanced because he has had withheld adjudication on previous cases?

Attorney Chapman's response:

In many instances, having a withhold of adjudication on a prior case does not prevent a sentencing enhancement for a current case.

I have been arrested two different times for petty-theft. One was 20 years ago and the other charge was 5 years ago. In the first one I plead guilty (because I was) and in the second one I had plead no-contest because I had initially thought about taken the items in question, then left them in the cart with the intentions of putting the cart in the 'coral' area and then leaving with what I had paid for. Since their cart area was techinally outside the building but also still in an area that they deal merchandise out of, I was still arrested for intended petty theft. I would like to know the likelihood of me being able to have at least the most recent arrest expunged/sealed. I plead no contest because I was moving out of country in 2 months and was advised to do so for quick court-closure. What can I do, if anything, to help remove this/these? Thank you so much for your insight.

Attorney Chapman's response:

If you were not adjudicated guilty of either theft charge, then you may be able to get one of them sealed.

I received a written arrest for misdemeanor possession of marijuana 2 years ago when i was 19. It was my first offense so I completed the Florida Diversion Program by doing community service and paying fines. My question is; when I fill out job applications can I answer "No" to the question "Have you ever been convicted of a misdemeanor/felony"? Also, am I eligible to have my record sealed and expunged if the possession charge is the only thing i have ever gotten in trouble for?

Thanks

Attorney Chapman's response:

1. You can answer "no."

2. You are eligible to have your record expunged.

I pleaded no contest on Carrying Concealed Firearm and grand theft. I got Adjudication Withheld, and probation. I plan to get early termination. These are my first felonies. Can it be sealed or expunged?

Attorney Chapman's response:

These charges can be sealed initially and then expunged after 10 years have elapsed.