Legal Question in Criminal Law in Florida

I live in Florida, and have two separate criminal charges. The first is a felony for possession of a controlled substance without a prescription. I completed the diversion program and the charge was ADM/DISMISSED, and in the detailed records it says nolle pross filed. The second charge is a misdemeanor for possession of marijuana under 21 grams, and is Adjudication Withheld. I would like to seal or expunge my charges. I am aware that Florida law will only allow me to seal or expunge one of these charges. Which charge should I seal/expunge to give me the best opportunity, in relation to employment and background checks? Does the felony even show up because it was nolle pross/adm-dismissed?

I feel like this is jumbled up, so basically should I expunge the�

Felony- ADM/DISMISSED-Nolle Pross (Not sure if it will show up in employment background checks at all, regardless of expungement)?

OR

Misdemeanor- Adjudication Withheld (Will definitely show up on employment check, but not as serious as a felony)?


Asked on 3/01/10, 6:13 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

You have a good argument either way but I'll just give you my opinion and let you decide what to do. In my opinion, since you can only do one, get the felony expunged. Both charges will probably show up in a background check so I think it is better to get the felony expunged. It is easier to explain the misdemeanor, which by the way is still NOT a conviction, than it would be to explain the felony. Imagine your an employer, would you rather hire a person with one misdemeanor in their background, or a felony that was dismissed through a diversion program. If I'm the employer, I'd take my chances with the misdemeanant. So, that's my opinion for what it's worth.

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Answered on 3/06/10, 7:28 pm


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