Legal Question in Criminal Law in Florida

Dismissal or expungement of criminal charges?

I am currently serving a 9 month probation for a felony and misdemeanor shoplifting charge. Both were found adjudication witheld. I also have a petty theft with no probation. Total arrests were 2 for these incidents. Is there anything I can do to have any of these charges dismissed or expunged after my probation. I am getting conflicting information about this and would like it if you could clarify it. Since I have 2 arrests, one lawyer told me I would have to wait 10 years. Is adjudication witheld viewed as found guilty for the most part? This seems to be the general thought. Thanks.


Asked on 2/04/05, 12:30 pm

2 Answers from Attorneys

Richard Hornsby Richard E. Hornsby, P.A.

Re: Dismissal or expungement of criminal charges?

You can only have one criminal episode sealed and expunged in your life, so the attorney that you consulted with misinformed you. Also, if you were ever adjudicated guilty of any offense, you are ineligible to have your record sealed and expunged ever, even on a crime in which you obtained a withhold of ajudication.

In your situation, it appears that you have three separate and distinct offenses. IF you had a withhold on all three, you would only be eligible to seal and expunge one of them.

Also, the attorney you consulted with was partly correct. If you have a withhold you must first seal your record, then after ten years of a crime free record you may seek to expunge it.

I have a lot of information on my website, www.richardhornsby.com/criminal/record/ please feel free to visit it for more information. I would be happy to assist you with sealing and expunging one of your offenses.

Best wishes,

Richard Hornsby

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Answered on 2/04/05, 2:52 pm
Valerie Masters Valerie Masters, P.A.

Re: Dismissal or expungement of criminal charges?

I agree with all of Mr. Hornsby's advice. You have ONE bite at the seal/expunge apple so use it wisely and seal the felony if you qualify. Withhold of adjudication is just as guilty as adjudication not withheld. The issue of adjudication describes a sentence type not a verdict or plea type.

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Answered on 2/04/05, 5:52 pm


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