Legal Question in Criminal Law in Florida

I was convicted of burglary, a non violent crime in 2005. I was sentenced to 8 months in the Duval county jail, and did almost 5 of those month on work release. I plead guilty and adjudication was with held. To this day Im still not exactly sure what this means. I was told by my court appointed attorney, that it would basically be like I wasnt a convicted felon at all. Yet, I cant get a decent job because on my record it says that I was convicted of a felony. Now I know that I was basically fed the lie of with holding adjudication so I would plead guilty.

My main question is this: Can I do anything to get that off my record? Am I able to get my rights restored? This happened in 2005, its 2010 now and I have achieved a Bachelors degree since being out of jail, yet I still have trouble finding a job, apartment, etc.

Thank you


Asked on 1/09/10, 11:01 am

2 Answers from Attorneys
Eric Friday Law Office of Eric J. Friday

First you do not need to have your rights restored. With a withhold you do not lose your rights. You may be eligible to have your records sealed and later expunged. You should contact an attorney to review your specific circumstances.

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Answered on 1/14/10, 11:16 am
Thomas Rosenblum Rosenblum Law Offices

Hello: I just read your question and the one response. I agree that if the Court withheld adjudication of guilt, you have not lost your civil rights.

I recently spoke to the mother of a client who rec'd. a withhold of adj. for a felony. He applied for a job, they did a criminal record search at the Sherriff's office and the wrong crime was listed. It may have had an adj of guilt, that I can't remember. I advised her to go JSO and complain and demand that they correct their records. Her son should also go back to that employer and explain the error. I have not yet heard back from her.

If my office can be of any assistance, please give us a call. Take care. Tom Rosenblum

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Answered on 1/14/10, 1:15 pm


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