Legal Question in Criminal Law in Florida
Expunge of sealing a record
I was arrested and convicted of possession of paraphernalia and cannabis (under 20 g) in 2004. At first my adjudication was witheld and then changed to guilty when I violated probation. Is there anything I can do to prevent potential employers from obtaining this information? I am having an extremely hard time finding suitable employment!!
2 Answers from Attorneys
Re: Expunge of sealing a record
No you cannot do anything with an adjudication.
Re: Expunge of sealing a record
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
No, you are unable to seal your record if you have been adjudicated guilty. Your only possibility (and a slim one at that) is to retain an attorney who can go into court and file a motion to have the court reconsider the adjudication. If the attorney is somehow successful in setting it aside or getting the court to vacate the adjudication of guilt(and it is the only one), then you will be able to seal or expunge your record. Otherwise, this information will be available to employers or anyone else who does a background check on you.
Scott R. Jay, Esq.
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