Does adjudication withheld mean that I can later have it removed from my record?

2 views 3 answers
I have been charged with first degree attempted murder and aggravated battery with a deadly weapon. My lawyer came to me with a plee of three years probation with adjudication withheld and said I can also file for early termination of my probation after 18 months. He said after I completed my probation I could have it removed from my record and I just wanted to confirm this. I need to be able to still get jobs apartments etc. If not expunged can it get sealed. How will it show up until I complete my probation. And is expungement something I am guaranteed upon properly completing probation or is it something that may or. May not be approved for epungement. Cuz I was under the impression that it was pretty much guaranteed. I live in orlando florida and the attempted murder will be dropped.

Attorney Answers

3
Jason Hicks ·
Your answer depends on what charges you ultimately plead to. If you plead guilty or no contest to a Homicide, Manslaughter, or Aggravated Battery, you cannot have your record sealed or expunged in Florida, even if adjudication is withheld. You cannot get the expungment or sealing until you are off of probation or otherwise no longer under court supervision. In the meantime, your record will reflect that you have entered a plea to a particular criminal charge(s) with a withhold of adjudication accompanied by the penalties you mentioned.
0 upvotes
Kevin Pitts ·
I attached information from FDLE on record sealing. It appears that aggravated battery is listed as an offense that is not eligible for sealing or expunction. Your attorney would be in the best position to advise you but some of the charges you are facing might not be eligible. Your attorney would know what the exact plea offer is and should advise you about the ability to get the case sealed. The charges listed below are not eligible so if your plea deal contains the charges listed below it would not be eligible for expunction or sealing. Look over the site about disqualifying charges and ask your attorney questions if you have any concerns. Disqualifying Charges for Expunction/Sealing A request for a certificate of eligibility for an expunction or sealing of a criminal history record will be denied if the defendant was found guilty or pled guilty or nolo contendere, even if the adjudication of guilt was withheld, on any violation of the following: Offenses listed in S. 907.041, F.S. Arson Aggravated Assault Aggravated Battery Illegal use of explosives Child abuse or Aggravated Child Abuse Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult Aircraft piracy Kidnapping Homicide Manslaughter Sexual Battery Robbery Carjacking Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of a person in familial or custodial authority Burglary of a dwelling Stalking and Aggravated Stalking Act of Domestic Violence as defined in s. 741.28 F.S. Home-invasion Robbery Act of Terrorism as defined by s. 775.30 F.S. Manufacturing any substances in violation of chapter 893 Attempting or conspiring to commit any of the above crimes
0 upvotes
32550 Florida Hayward Dykes 1267744.Html ·
No. Even if adjudication is withheld does not mean that you can expunge/seal your records. As a previous lawyer indicated, pursuant to Florida law there are some crimes that cannot be sealed/expunged. A review of the Florida Dept. of Law Enforcement (FDLE) and state statutes show that most violent crimes (i.e. aggravated battery with a weapon) are not eligible for expungement/sealing. I would question your attorney and have him or her show you that the remaining charges fall outside of the list of crimes that are not subject to expungement/sealing. If you can't seal it, you can't expunge it. Good luck.
0 upvotes