Adjudicated Guilty Versus Adjudication Withheld: It's Important to Know the Difference When Trying to Seal Your Criminal Record
People frequently call my office asking whether they can get their criminal record sealed. One of the first questions I ask them is whether they have ever been adjudicated guilty of any criminal offense (as opposed to adjudication having been withheld), even for something like reckless driving or DUI. Many do not know the answer to this question.
The reason why this is so important is because Florida law does not permit someone to have her criminal record sealed if she has ever been adjudicated guilty of a criminal offense, even for traffic offenses such as DUI or reckless driving. See Florida statute section 943.059.
So, for example, if someone is trying to get her record for aggravated battery sealed but she was previously adjudicated guilty of reckless driving, then she is not eligible for a sealing. In fact, the Florida Department of Law Enforcement website states that "[c]ertain driving violations are classified as criminal, such as DUI, reckless driving, and (with some exceptions) driving while license is suspended/canceled/revoked."
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.
Can someone with knowledge answer this question. In 1992, I had a criminal case where disposition was withhold of adjudication.I have been told, depending on who you ask, that I am NOT convicted of the charge, and if you ask others, they say you are convicted even with W of Adjud. I was shown florida's legal definition of the term "conviction" and it states that conviction means by plea or by trial regardless of withhold of adjudication. So I ask...am i convicted of the charge or not ??
The word "conviction" is defined in different ways in the Florida statutes. Sometimes it includes a withhold of adjudication, and sometimes it doesn't. It all depends on which statute you're looking at. (Typical lawyer answer huh?)
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.
I have an adjucation with held for "battery" not agg assault, or agg battery etc. Can my record be sealed? This charge has caused me to be denied for an apt and a job.
Attorney's Response:
The answer is no if it was a domestic battery. Florida statute section 943.059 states that a violation enumerated in Florida statute section 907.041 may not be sealed even if adjudication was withheld. Florida statute section 907.041(4)(a)18 references acts of domestic violence, and domestic battery is one such act.
However, if the battery was not domestic, then you would be eligible to have it sealed.
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.
My brother was told that he could not have his criminal case for sexual battery on a minor child sealed or expunged because the state of Florida has adjudicated guilt on his paperwork. This sucks! Fourteen years ago, he was falsely accused by his boss. He didn't try to do anything sexual with any child. He lived with the family for six years, tolerated all the abuse (physical and mental) that the whole family was putting on him. His boss turned a story around to protect himself from going to jail for raping and stabbing his own wife. All my brother tried to do was keep a little boy from sexual molesting his own elderly sister. No one came to his calls for help. The children toyed and cursed my brother out all night long. They knew they could get away with it. We have suffered financially and mentally trying to help my brother out of this mess, moving him from place to place, and allowing the State of Florida to get away with lying, and abusing a slow developed person, who is my youngest brother. He wouldn't hurt or do anything bad to anyone. He is always doing for people, and getting the sham because of his kindness. I really want to get a pro bono attorney handling criminal sexual battery cases to get my brother off of paper and let him have his life back. He can't find work, and is steadily going back to jail for stupid reasons, all based on lies by his probation officer. He is still paying on his probation, for an offense he didn't commit. Please someone help us. This needs to end now.
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."
If I have an adjudication withheld for MISDEMEANOR EXP CRIMINAL MISCHIEF, would I have to admit to this as a "conviction" when a job application asks me If I have "ever been convicted of a criminal offense?"
Attorney Chapman's answer:
You do not have to answer this question "yes" unless you are specifically asked on the application whether adjudication has ever been withheld for a criminal offense.
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.
Two years ago I was arrested for two count of both peti theft and dealing/ trafficing stolen goods. I pleaded no contest and was giving adjudication withheld once I finished my probation term. Now, that I am off probation, do I have my civil rights back, such as voting or owning a gun? Can I get it sealed or exsponged?
Attornez Chapman's response:
Regarding the restoration of your cilvil rights, they should not have been taken from you if you were not adjudicated guilty of a felony offense. For more information about the restoration of civil rights, see the Florida Parole Commission website at https://fpc.state.fl.us/ExecutiveClemencyRCR.htm.
Regarding the posibility of sealing your criminal history record, you may be eligible to have that done, but I would need to obtain some additional information from you in order to know for sure.
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."
I have a withold of adjudication for aggravated battery with a deadly weapon. What can I do when I apply for jobs and some deny me saying I'm a convicted felon, but I'm not? Can I show them my paperwork or is there another way to fight this? Thanks
Attorney Chapman's response:
The preferable thing to do would be to get your criminal history record sealed. However, that won't be possible because the charge is aggravated battery. The next best thing to do would be to show them paperwork from court stating that adjudication was withheld; therefore, you are not a convicted felon.
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 have an adjudication withheld for strong arm robbery. It come up on my background check as an felon, am I eligible to get my records seal or do I have to carry copies of the court judgment with me. I completed and paid all fines and probation and received early release from probation granted by the court. Also how could I show to others that my uncle was the one how actually committed the crime and I was just arrested with him because of our family ties.
Attorney Chapman's response:
Unfortunately, you are not eligible to have your record sealed because strong-armed robbery is considered to be a “dangerous crime” pursuant to Florida statute section 907.041(4).
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 hope i can receive your help on this. in 2006 i was charged with grand theft and insurance fraud.i received a with held on both charges.fast forward to july 2009. i was arrested for possession of cocaine and possession of marijuana and i also received withheld adjudication.what are my options as far as sealing them and becoming a productive member of society?
Attorney Chapman's response:
You can have only one criminal record sealed. Therefore, you will have to choose which one you would like to attempt to have 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.
In 1993 I plead no contest to 3rd degree grand theft. Adjudication was withheld. I was also placed under the pre trail program as a first offender. However I was placed on probation for two years. I have had no other offence's since than.( Other than miner traffic tickets. ) I have not had this sealed or expunged. Though I plan on pursuing this in the near future.
My question: I am seeking a possible education into Radiography. However their state licence requirements states if you committed a crime listed under statue 435.03 you do not qualify. I would fall under chapt. 812. But I am not sure if I fall under this category after all because of the Adjudication and my plea.
Attorney Chapman's response:
The fact that adjudication was withheld would not remove your offense from Chapter 812.
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).
In 1999, I was charged with felony aiding and abetting the sale of a controlled substance, felony possession of a controlled substance, and misdemeanor possession in Florida. I plead no-lo first time offender and adjudication withheld. Am I a "convicted felon"? I currently work a government job and have always put "no" on any document requesting "Are you a convicted felon." I am putting in for a position and am facing a background check. This concerns me greatly. Will this show up on the background check? What do you suggest?
Attorney Chapman's response:
If adjudication was withheld, then you are not a convicted felon. However, you should check to see how your particular agency defines “conviction” since it may consider a withhold of adjudication to be a conviction.
Regarding the background check, your criminal history record is a public record and will, therefore, most likely appear during any background check.
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 had a adjudication withheld on felony concealed firearm ( my permit was 3 weeks past due) my lawyer advised me to take the plea since i did have a concealed firearm. i was required to go through a gun saftey course, 18 month probation, 100 hrs comunity service, and pay court costs ect. my question is can i get my permit back ( i renewed it right after my arrest and they requested it to be returned to them after my plea ) and can i have my records sealed or expunged?
Attorney Chapman’s response:
Based upon the information you’ve provided, you appear to be legally eligible to have your criminal history record sealed. Regarding you getting your concealed permit back, I suggest that you review information contained on the Florida Division of Licensing website (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.
In 1998 I was charged for Grand Theft 3rd and utter forged instrument but the disposition are adjudication withheld for both. I now want to become an American citizen, will this be a problem if I file for citizenship and/or can I have my file sealed? Do I answer no if ever been convicted? I now live in CT, not sure that even matters!
Thanks ahead for any info you can provide
Attorney Chapman's response:
Regarding your immigration question, you will need to consult with an immigration attorney.
Regarding your other question, a withhold of adjudication is not a conviction.
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 was arrested in 2006 for a grand theft charge and it's a felony charge.At the time i was only 18 years old.when i went to court i was told by my public defender that my record would be sealed,and when i search for it on the internet on public records it's still there.will i be able to get my record seal?what should i do?
Attorney Chapman's response:
If adjudication was withheld, then it may be possible to get your record sealed. You will need to petition the court that sentenced you to get your 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 a RN and accepting a plea deal for money laundering. the charge will be adjudication withheld for this charge. Can I lose my nursing license over this if I'm not guilty? Also, I am taking 5 years probabtion with this deal. Can I have this charge taken off my record before I'm done with probation or after I'm done?
Attorney Chapman's response:
Off-hand, I do not know if you will lose your nursing license by pleading guilty to money laundering. My suggestion is that you read the rules governing when a nurse can lose her license. You may be able to locate them online by going to the website for the board that oversees the licensing of nurses.
You should wait until your probation is over before applying to have your record sealed. I have never seen a judge seal a record when the person who is applying is still on probation.
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
I recently went to court on a 3 year old pessetion of a controlled substance charge and was withheld adjutication. does that make me a convicted felon?
Attorney Chapman's response:
Since adjudication was withheld, you are not considered a convicted felon.
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
In 1983 I was arrested for shoplifting ~$300.00 I entered a plea of no contest and adjudication was withheld. Can I now have the record expunged?
Attorney Chapman's response:
You may be eligible to have your record sealed but not expunged. The difference is that when your record is expunged, it is physically destroyed. Once your record has been sealed for 10 years, you can then petition the Court to expunge your record.
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.
So if I had adjudication withheld with a felony Burglary of Dwelling charge but I had adjudicated guilty with a misdemeanor Criminal Mischief charge on the same case, I wont be able to seal or expunge my criminal record once I have completed my deposition?
Attorney Chapman's response:
Correct. 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.
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.
Can I have my records sealed or expunged if I accepted a plea bargain for reckless driving causing serious bodily injury (3rd degree) under fl statute 316.192(3)(C)and was adjudicated guilty.
All court ordered requirements have been met, early termination for probation approved, driving prividleges intack and civil rights restored.
Attorney Chapman's response:
According to Florida statutes sections 943.0585(1) and 943.059(1), you are not eligible to have your record sealed or expunged because you were adjudicated guilty.
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.
My son was arrested for possession of more than 20 grams. We pled - adjudication was withheld - he received probation, fines and community service. If adjudication was withheld why does he have to register as a felon. This does not seem to be right. Your advise would be greatly appreciated
The registration of convicted felons is governed by Florida Statute Section 775.13. According to subsection 1 of that statute, "the term 'convicted' means, with respect to a person's felony offense, a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, REGARDLESS OF WHETHER ADJUDICATION IS WITHHELD." (I capitalized the relevant portion of this subsection.)
You can view Section 775.13 at the following URL:
2009->Ch0775->Section%2013#0775.13">http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0775/SEC13.HTM&Title=->2009->Ch0775->Section%2013#0775.13
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.)
I pled nolo on a Grand Theft and got felony probation. Am I a convicted felon in Florida?
Attorney Chapman's response:
If you were adjudicated guilty, then you are a convicted felon. If you were not adjudicated guilty, then you are not a convicted felon. The court file will tell you whether or not you were adjudicated guilty.
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
I entered a plea of nolo contendere to obtaining drugs by fraud or forging a prescription. I received 24 months probation, witholding adjudication. Now if a job application ask"have you been convictied of a felony?" What do I say? To my understanding I'm not a convicted felony.But have I been convicted of a felony? Any advise to handle this, in a job search? I am just tring to make sense of all this...
Attorney Chapman's response:
If adjudication was withheld, then you have not been convicted of a felony. If a job application asks simply if you have been convicted of a felony, you can honestly answer no.
However, you may still want to consider having your record sealed so that it does not appear in a background search when you apply for a job.
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 was charged with scheme to defraud back in 2004, in florida it was considered a 3rd degree felony i was sentence to 5 years probation which i completed in 3 and had adjudacated witheld and not a convicted felon. I am now applying for a job at a credit corporation doing collections they offered me a job but now have to do a background check, will this show on my background or not? .. At the moment i am doing collections at another collection agency and they said they did a backgorund check im guessing it does not show up but i want to be sure so thats why im asking.
Attorney Chapman's response:
Because your criminal history record is a public record, it may appear on a background check. The only way to prevent that is by getting your record sealed.
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.
Below are the actual charges and outcome filed against me. I need to know if I have to disclose being a convicted felon on a job application and if I am eligible for the charges/case to be sealed. I successfully completed the restitution and terminated probation early. All charges are now closed. If I am eligible to seal the charges/case, how do I go about doing so and do I have to hire an attorney in the county the charges were filed or can your firm handle it?
Offense Date:
07/09/2002
INITIAL: Status Date:03/20/2003
Action:Charged
Statute / Text:
812.014.2b1 / GRAND THEFT OVER $20,000 BUT LESS THAN $100,000
PROSECUTOR:
Decision Date:10/01/2003
Action:
Nolle Prosequi
Statute / Text:
812.014.2b1 / GRAND THEFT OVER $20,000 BUT LESS THAN $100,000
CHARGE SEQ#: 2
Offense Date:07/09/2002
INITIAL: Status Date:
03/20/2003
Action:Charged
Statute / Text:
817.034.4b1 / COMMUNICATIONS FRAUD $300 OR MORE
Decision Date:
04/28/2003 Action:
Filed Statute / Text:
817.034.4a2 / ORGANIZED FRAUD (MORE THAN $20,000 LESS THAN $50,000)
COURT:
Decision Date:
10/01/2003
Action: Adjudication Withheld
Statute / Text:
817.034.4a2 / ORGANIZED FRAUD (MORE THAN $20,000 LESS THAN $50,000)
Attorney Chapman's response:
The case that was nolle prossed can be sealed, but the case in which adjudication was withheld cannot be sealed.
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.
I was charged with misdemeanor battery (not domestic), completed the PTI program and am applying to have my record sealed. I work for a law enforcement agency. What are the benefits of having the record sealed? Can I check "no" on anything that asked me if I have ever been convicted of a crime? Who can see through sealed records and who cannot obtain information from sealed records. It seems like expunction is the only real way to keep anyone from finding out about this mishap. I feel that even with sealing, my life is ruined. Please help... :(
Attorney Chapman's response:
1. If this is the only offense that you have ever been charged with, then you can check "no" if asked whether you have ever been convicted of a crime.
2. One of the main benefits of getting your record sealed or expunged is that you may lawfully deny or fail to acknowledge the arrests covered by the record that is sealed or expunged. However, that is not the case when you are a candidate for employment with a criminal justice agency.
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 am applying into the nursing program and I have a previous record from 2000 with the charges aggravated assault and criminal mischief both crimes are considered felony type and both have adjudication with held I still have the right to vote and I was just wondering am I considered a convicted felon?
Attorney Chapman's response:
If adjudication was withheld, you are not a convicted felon.
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.
I got into a bit of trouble when I was 13 and was sentenced to a level 8 correctional facility. I am now 23 and have exceeded my family's and the state's expectations of me by graduating high school, graduating college with honors, and becoming a productive member of society. I recently learned that I would need to seal my case so that I could get the job that I just went to school for. My paper work says that I was "Adjudicated Delinquent". What does this mean exactly? Does it mean "Adjudicated Guilty"? I plead "No Contest" to the ruling when the case was ongoing. I'm trying to figure this out so that I can either go ahead with the papework to get it sealed, or try to find out whether or not it will show up on the background check. The hiring company is not government, education, or "high clearance".
Attorney Chapman's response:
"Adjudicated delinquent" means the same thing as "adjudicated guilty" insofar as sealing or expunging a criminal record is concerned, but with one very important exception. If someone has been adjudicated guilty of any misdemeanor at all, that person is not eligible to have any criminal record sealed or expunged. But if someone has been adjudicated delinquent of a misdemeanor, that person may still be eligible to have his record sealed or expunged as long as the misdemeanor is not one of those listed in Florida statute section 943.051(3)(b).
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.
i was charged with felony grand theft in december 2007 and had adjudication withheld. is this on my record and could this be seen on a background check of any kind or can possible employers look this up any way?
Attorney Chapman's response:
This is on your record, and it will remain on your record for potential employers to see unless you 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 2003 I was cited for misdemeanor possession of marijuana. (didn't get booked, no bail etc..) I went through drug court and the case was dismissed.
I plan on teaching in Fl and want to know how to fill out the application honestly and should I get this expunged? Thanks for any help!!!
Attorney Chapman's response:
It is typically a good idea to have a criminal history record expunged. However, in your case it may not make much sense to do so because according to Florida statute section 943.0585(4)(a)6., a person "may lawfully deny or fail to acknowledge the arrests covered by the expunged record, except when the subject of the record . . . [i]s seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local government entity that licenses child care facilities . . . ."
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.
if an item was plead as "no contest" 1994 and "adjudication was withheld" with the record subsequently "sealed" 8 years later (2002) and is currently sealed. Would this item have been reported to the FBI database (ie show up in a FBI check) and if so would a sealing have removed this item.
Attorney Chapman's response:
Florida statute section 943.059(4) states in relevant part that a criminal history record that has been sealed
"is available only to the person who is the subject of the record, to the subject's attorney, to criminal justice agencies for their respective criminal justice purposes, which include conducting a criminal history background check for approval of firearms purchases or transfers as authorized by state or federal law, to judges in the state courts system for the purpose of assisting them in their case-related decisionmaking responsibilities . . . ."
If you would like to read Florida statute section 943.059(4) for yourself, go to:
2009->Ch0943->Section%20059#0943.059">http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0943/SEC059.HTM&Title=->2009->Ch0943->Section%20059#0943.059
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.
In 2004 I was charged with poss of marijuana under 20 grams. I plead nolo contdr, and recieved adjudication withheld. I understand that I am not considered "convicted" of any crime, however I would like to get my record expunged. After returning back to Indiana from Florida within one year I was arrested two more times for possession of alcohol by a minor. I have served my probation, paid my fines, and done my community service. Can I get my record expuned?
Attorney Chapman's response:
If you were not adjudicated guilty of either offense in Indiana, then you would be legally eligible to have your Florida record sealed. Once it has been sealed for 10 years, then you can request to have it expunged. If your goal is to prevent potential employers from finding out about your Florida record, then either sealing or expunging that record should be sufficient.
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.
I plead no contest to Petty Larceny Misd; Petty Theft Misd. Adjudication with held. Can I become a Correctional Officer in FL. Also, If I expunge my record will I then be able to be a correctional officer in FL?
Attorney Chapman's response:
According to Florida statute section 943.059(4)(a)1., "[t]he subject of a criminal history record sealed under this section . . . may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except when the subject of the record:
1. Is a candidate for employment with a criminal justice agency."
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."
I plead guilty to possession of a controlled substance in Colombia County, Fl. with adjudication withheld. I completed supervision in GA where I live. I am trying to get my record sealed, however; I have a prior conviction of driving without valid license here in GA that happened before the FL. charge. Will that disqualify me when I try to get my record sealed?
Attorney Chapman's response:
Because of your Georgia conviction, you will not be able to get your Florida record either sealed or expunged.
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 am a 20 year Navy vet who just retired. In 1998 my girlfriend (now my wife) and I had an argument and the police came to our home. We were arguing and she was crying but there was no physical altercation. I was arrested. The following morning I spoke with a legal rep at the jail he said plead no contest to battery and I could go home or we would need $500 to get out. We were a young couple 2 weeks before Christmas and did not have the $500 so I plead no contest. Now that I have retired from the Navy after 20 years of service this is coming up on my record.
COUNTY CHARGED: DUVAL ARREST DATE:12/16/1998
ORIGINAL PLEA: NOLO-CONTENDERE
VERDICT FINDING: ADJUDICATION WITHHELD
STATE CODE: FL
SENTENCE COMMENTS: SENTENCED IMPOSED DATE: 19981216
OFFENSE ID: FL_AOC22547731
OFFENSE DATE: 12/16/1998
OFFENSE CODE: 78403 OFFENSE CLASS: 1ST DEGREE
OFFENSE TYPE: MISDEMEANOR
OFFENSE COUNTY: DUVAL
OFFENSE: BATTERY
Can you please tell me what this means? I feel so taken by our judical department. Can this be expunged? Am I considered a criminal? Any help on this would be truly appreciated.
Thanks
Navy vet
Attorney Chapman's response:
Pursuant to Florida statutes 943.059 and 907.041, you are not legally eligible to have this record sealed because the offense you received a withhold of adjudication for is considered an act of domestic violence.
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.
For leaving the scene of accident with property damage more than $50.00, I was adjudicated guilty no trial required.
I paid $798.00 court costs and fines, 50 hours of community service, plus risk reduction/dui school and victim awareness class. I completed my 178 days probation in 27 days.
I am 46 years old. Do than means I have a criminal record??
Attorney Chapman's response:
Yes it does.
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.
I plead not contest to aggravated stalking in 1997 and recieved withheld deferred adjudication is it possible to seal or expunge this?
Attorney Chapman's answer:
Unfortunately no. Florida statute section 943.059 states in relevant part that an offense enumerated in Florida statute section 907.041 may not be sealed even if adjudication was withheld. Aggravated stalking is one of those enumerated offenses.
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.
I plead nolo to obtaining drugs by fraud recv 12mos prob fines and compledted everything the judge ordered.I have recently been called by a detective that states he needs to speak to me.I have knowledge that my own god daughter has been using my name to get drugs from a letter of admisson.What should I do.I am days away from the probation being closed just had the last po visit?
Attorney Chapman's response:
Hire a lawyer. It is dangerous enough to speak with a police officer with your lawyer present let alone to speak with one all by yourself. Many people have unwittingly talked themselves right into a jail cell.
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.
I was charged with petit theft 2nd degree and it was my first (and only) offense. I recieved: $50 fine, court costs and adjudication witheld.
1. Can this record be expunged?
2. Can this record be sealed only and not expunged?
3. If I can expunge this record, how soon can I attempt to do so?
Attorney Chapman's response:
1. It cannot be expunged until it has first been sealed for at least 10 years.
2. See my answer to question # 1.
3. You can begin the process of sealing your record immediately.
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 was charged with dui 2 years ago and am finally going to court in 3 days, i was told if i plead nolo contender i will be able to get it expunged. is that true?
Attorney Chapman's response:
No. According to Florida statute section 316.656(1), adjudication cannot be withheld for the crime of DUI. And according to Florida statute section 943.0585(1), you cannot get a record expunged if you have ever been adjudicated guilty of a crime.
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.
Thank you for the answer! Another question will it show that my petty theft charge was as an employee, or will it just show up as a petty theft charge. If I do not get hired because of my background check, is that illegal or are they allowed to deny me the job because of the background check. I pled guilty, so does that mean that I was convicted, because I never served jail time.
Attorney Chapman's response:
1. It should show up as simply a petit theft charge.
2. Whether you can be denied a job is a question that a lawyer who specializes in employment law should be able to answer. I specialize in criminal defense.
3. Just because you pled guilty does not necessarily mean you were adjudicated guilty.
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 had a adjudication withheld in 2002 for stalking.
my wittness who was going to come to court with me
to prove i didnt do this, died of cancer before court. so i didnt have a leg to stand on at the time.
i pled nolo-contendere. this was a first time offense. also a misdemeanor. can i get this sealed or exspunged??
Attorney Chapman's response:
Unfortunately no. Stalking is a criminal offense that cannot be sealed.
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."
I wrote a worthless check for the amount of 18.93 in 2003. But I plead no contest and also had a sentence of paying the fine and had a withheld adj. of guilt. No my question to you is that I am in the processing of applying for a nursing program and on my trainee application is asks. If Regardless of adjudication, have you ever been convicted of a violation of, or pled nolo contendere to, any federal, state, local statute, regulation, or ordinance, or entered into any plea, negotiated plea, bargain, or settlement relating to a misdemeanor or felony? The second question is: Have you ever been convicted of, or entered a plea of guilty, nolo contendere, or no contest to, a crime in any jurisdiction other than a minor traffic offense? You must include all misdemeanors and felonies, even if adjudication was withheld by the court so that you would not have a record of conviction. Driving under the influence or driving while impaired is not a minor traffic offense for purposes of this question. Now on both questions I was going to answer yes. Can you please help me to make sure that I am answering these two questions correct thank you?
Attorney Chapman's response:
I think you are correct in answering both questions "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.
A year ago I went before the judge for shoplifting ...I was not arrested (even in the beginnning) and never went to jail...I pled no contest and the judge withheld adjudication...I have never been in trouble before (i'm almost 40)...can I get my record expunged? (or sealed?) if so how long does somthing like that take?
Attorney Chapman's response:
You are eligible to have your record sealed but not expunged. The process takes about 6 months to complete.
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'm just learning about this. A friend was found in possession of 20g of marijuana unpackaged, 23g packaged, and arrested for it. They are trying to get a felony on him, but I found that 20g or less is a misdemeanor. He's going to plead guilty in court, because how could he not, but would he qualify to seal or expunge his record of this? This is his first offense, so he has no other criminal record. Would this be considered adjudicated guilty? Or is that only for past offenses? This is what I'm confused about. Also, if you have the answer to this, it would be much appreciated. We haven't found a lawyer yet, and I'm really anxious to find the answer to this. The marijuana was in a car and found by an officer from searching the car. The owner of the car was in the passenger seat, and my friend who is charged of possession was driving. The officer asked my friend to the right to search the car, where my friend agreed. But he was not the owner, the person in the passenger seat was. Is that an illegal search, since the owner of the car was not informed or asked for the search whatsoever but was present? Along with this, the officer handed him a warning for the reason being pulled over and THEN asked to search the car. Isn't is illegal to detain a person or persons for any reason after handing them a warning/ticket? Wasn't he supposed to let them leave no matter what? Please let me know if you have the answers to any of these. Because if that is considered an illegal search, then the case would have to be dropped, and wouldn't that be adjudicated withheld?
Attorney Chapman's reponse:
If your friend is adudicated guilty, he will not be able to get his record sealed or expunged.
Although the driver of the car was given only a warning, he still consented to a search of the car. The actual owner should have spoken up and objected.
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 2002 i received a withhold of adjudication for poss of less than 20g of marijuana after pleading nolo. I was not actually arrested or ever fingerprinted, i was only issued a Notice to Appear. I was not placed on probation, but was ordered to complete a drug treatment program to reinstate my license.
is this a conviction? Also, i understand that because i wasnt fingerprinted, this charge does not appear on my state or FBI record search results. if this is correct, would that mean i do not need to worry about disclosing this on an application for employment? not too sure how the pre-employment background checks work or how in depth they are, as even though the charge isnt on my state or national records, the case information is still present in the local county court records.
Attorney Chapman's response:
1. It is not a conviction.
2. Although you were not convicted of anything, your case is still public record and will therefore appear if someone does a background check on you. Whether you will have to disclose your case on a job application depends on what you are asked.
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 son received an adjudication withheld on a felony burglary in 2006. Earlier that year he was arrested for a DUI. We attempted to seal the felony burglary but could not because of the DUI. My son is a very intelligent young man who has turned his life around and is currently attending UF. However, his record has caused him difficulties in renting an apartment and possibly future career choices. How would we pursue an executive clemency and would this be of any benefit when employers are doing background checks? Will this felony be problematic for him for the rest of his life? It doesn't seem fair that a stupid mistake at 18 should affect the rest of his life. Also, would he be precluded from entering the military (Navy)? Thank you.
Attorney Chapman's response:
The following is a link to the Office of Executive Clemency in Florida. Hopefully this will provide you with some helpful information.
https://fpc.state.fl.us/Clemency.htm
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.
In 2003 I was arrested for possession of meth amp adjudication withheld. If I have my lawyer seal this will I be able to due rotation in a hospital for my studies as a respiratory therapist?
Attorney Chapman's response:
You should be able to do your rotation, but review Florida statute 943.059(4)(a)5 at:
2009->Ch0943->Section%20059#0943.059">http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0943/SEC059.HTM&Title=->2009->Ch0943->Section%20059#0943.059
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 am facing a misdemeanor domestic violence battery charge, in Florida. From my point of view, this was in self defense. My question is.. what could I try to have this charge downgraded to in order to eventually have the record sealed.? This is in addition to asking to have adjudication withheld. My main concern is maintaining my nursing license and remaining employable. Thank you.
Attorney Chapman's response:
Try to get into a pretrial-diversion program so that your domestic battery case is ultimately dropped (or nolle prossed) by the State Attorney's Office.
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.
I was arrested last July for Scheme to Defraud (Under $5000). I am 49 and have never been arrested before. I have paid restitution and I am currently on probation. Adjudication was withheld. Exactly what does that mean, my lawyer was a little unclear on that. I know that I do not have to say yes to felony conviction on a job app., but what comes up when they do a background check. Will I pass one?? Do I have to do all of my probation and can I have my record sealed or expunged? My lawyer siad she wanted to get it expunged when I was off probation. Thank you for any help.
Attorney Chapman's response:
1. Adjudication withheld means that you are not a convicted felon. Therefore, you can still do things like vote, be a juror, and hold public office.
2. When a background check is done, your criminal record should appear because it is a public record.
3. The charge of organized scheme to defraud (Florida statute section 817.034) cannot be sealed or expunged.
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 case was dealing with stolen property. I was given 10 months probation, with 50 hours community service. Adjudication with held. I had all my obligations fulfilled and my case just got sealed last July. My question is this, will it affect my application for citezinship? Will I be denied? My green card is going to expire on 2013 and want to know what would be possible scenarios if I apply for citezinship or renew my greencard. thanks.
Attorney Chapman's response:
An immigration lawyer will have to answer your question. My practice is limited to criminal defense.
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.
All branches of Military say No Felony on record, so if she agrees to Adj. withheld, of a felony in the 3rd degree will that bacically be a conviction? The military will accept a Misdemeanor. I am confused as to this Adj. withheld. I feel as though she is being informed the wrong way. Is it admitting guilt or not? From what I understand that it is, it just helps with the sentancing part only, but it will always show up as a conviction
Attorney Chapman's response:
A person can plead guilty to a crime and still not have a conviction on his record if adjudication is withheld.
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.
In sept. of 1995 I was arrested on a concealed weapons charge. It was suggested to me to take a plea so I wouldn't have to go to jail. Eventually, adjudication was witheld. In 2007, I applied for citizenship for the U.S and now 3 years later I'm finally being told that my concealed weapons charge could get me deported back to England. I came over here at a very young age (8 yrs. old).I have no ties to that country. All my family members are U.S. citizens. My father is very old and I help take care of him. I'm married and have 4 kids. I'm afraid of the chance of being deported. What can I do?
Attorney Chapman's response:
Consult an immigration lawyer.
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.
I hope you could give me some info on a case that was 3rd degree felony adjudication withheld child neglect. When I look up my record it states CONVERSION neglect and Disposition withheld. Is that the same thing meaning i was not convicted and I can say that yes I was arrested for that but not convicted of anything. And I did do 18 months probation and since have been certified by DCF and have worked in a daycare with children. I'm trying to get a house and they want to know if I've been arrested for violence to another person and I'm not sure if what I was arrested for has anything to do with violence when it states neglect? Can you please help me and tell me what CONVERSION means? And what you think I should put down as far as my criminal record?
Attorney Chapman's response:
If adjudication was withheld, then you were not convicted.
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,
I was arrested 8 years ago in Georgia for manufacturing marijuana, though I only had some seeds, no plants, scales, bags, etc. It was my first year of college and I eventually was given a first offender act for felony manufacturing, possessing marijuana. My lawyer in GA says this is not a guilty plea and that I don't have to say yes to employment questions regarding felony convictions. I have since graduated and gotten a Doctoral degree and work in the healthcare setting in Florida. As of August 1, 2010 my company has notified me of the new FL law regarding level 2 background checks for healthcare workers in my setting (nursing home). Upon researching this I saw that one disqualifying offense for working in my setting is any felony related to FL statutes 435 and 408.809 (it states "regardless of adjudication). My question is whether or not the check will cause me to be disqualified from my current job ( I know there is an exemption clause if it is over 3 years old but I am afraid this will cause my employer to fire me. Thanks. Also how long does it take to have a file sealed?
Attorney Chapman's response:
1. I do not know what the position of your current employer will be if they discover your Georgia offense. Only your employer knows the answer to that question.
2. It takes approximately 9 months to have a criminal record sealed in Florida.