A Judge Cannot Deny Your Request to Seal Your Record Simply Because Adjudication was Withheld

           In the case of Anderson v. State of Florida, a judge denied Mr. Anderson's petition to seal his criminal record because he had already received a "break" from the criminal-justice system when adjudication was withheld in his case and when he was allowed to successfully terminate his probation early.  Anderson appealed.  An article that I wrote on my website Florida Criminal Records:  Frequently Asked Questions looks at why a court of appeals decided that Anderson's petition should have been granted.

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Comments (2) Read through and enter the discussion with the form at the end
Joe - September 29, 2010 3:13 PM

I find it a little frightening that a judge decided a defendant had already been given enough lucky breaks. Something about that seems wrong.

lazaro macareno - November 5, 2010 10:51 PM

I have been out of prison for 7yrs and completed almost ten yrs in prison. My record is holding me back from getting hired. It is not correct that my past is holding me back from working. I made a mistake when I was younger I paid with almost ten years of prison and five years of probation. I shouldn't have to pay for the rest of my life now I've been unemployed for over six month and I can't get hired. I can't afford an attorney what can I do?

Attorney Chapman's response:

Getting your record sealed would probably solve your problem, but if you were adjudicated guilty of your offense, then sealing your record will be impossible to do in Florida.

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