Legal Question in Criminal Law in Florida

Adjudication withheld

I had a felony charge of attempted murder wich was reduced to carrying a conceled weapon. I was sentenced to probation and paid restitution for damages and community service hours. I was told that if I completed my probation paid restitution and completed the community service hours I would then have adjudication witheld. (I appologize for my spelling, I'm sure I have made a complete fool of myself.) I don't understand why when I applied for a position the charge came up. I thought it meant it was not held against me. I made a misstake and believe I paid my debt to society, but if I apply for a Government,City,

County or State position it will be held against me. I have never been in trouble in my entire life, but now I feel I will be held back forever for a studpid mistake. What should I do? The person who pressed the charges tried to recant her statement and they said she would be held for falsifing a report. Thank You for your time.


Asked on 8/13/02, 4:16 pm

1 Answer from Attorneys
Dan Akes C. Daniel Akes, Attorney at Law

Re: Adjudication withheld

You may be able to have your record sealed. This should keep the record from showing up on most record checks. You would be able to truthfully deny the arrest and prosecution for most purposes, but there are exceptions. 10 years after the record is sealed, it can be expunged, although there is not much difference between sealing and expungment. You can find the provisions of the law pertaining to sealing and expunction in Florida Statutes, 943.0585 (Court-ordered expunction of criminal history records) and 943.059 (Court-ordered sealing of criminal history records). However, it is advisible to obtain an attorney to file petition for you, and to explain the implications of of the process. If you have further questions, you may call me at (863)648-1700.

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Answered on 8/13/02, 10:15 pm


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