Many times a person will get arrested, spend the night in jail, and then the next day be offered "credit for time served" in order to close out their case. This CTS plea results in a conviction which disqualifies the person from ever being able to seal or expunge their case. These types of pleas can often be modified or vacated to something other than a conviction so that they once again are eligible to seal or expunge.
For more information, check out, the "previously convicted" page on SealMyRecord.Com.
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Sunday, November 21, 2010
Sunday, November 14, 2010
Can I seal or expunge a withhold of adjudication?
The short answer is, yes, in most cases. See below. There are several ways for a case to close once you are arrested. For example:
1. NO ACTION - Case was "no filed", "no actioned", "not filed". Depending on the county they may call it something different. However, this means the state attorney decided not to file any charges against you. The case can be expunged as long as you don't have any other cases or charges in which you were adjudicated guilty (convicted).
2. NOLLE PROSSE - This means the state did charge you, but then dropped the charges. This usually happens when the state has decided they do not have sufficient evidence to prosecute you or you completed a pretrial diversion program as part of an agreeement with the state. An agreement to do pretrial diversion or pretrial intervention is not like taking a plea. When you take a plea to a charge you are admitting guilt, when you do pretrial intervention you are not admitting any guilt for the offense.
3. WITHHOLD OF ADJUDICATION - Means that the court finds sufficient facts to find you guilty, but is going to "withhold adjudication of guilt". This does not count against you as a conviction and in most cases the case can be sealed as long as you don't have any adjudications of guilt (convictions) for any other charges or cases. If you received a withhold of adjudication for an offense that is categorized as a "dangerous crime", the case cannot be sealed. For a list of crimes that can't be sealed IF you took a plea to it see the exceptions page on SealMyRecord.Com.
4. ADJUDICATED GUILTY - This means you were convicted. If the court adjudicated you guilty on any particular charge the court not only finds you factually guilty but has also adjudicated you guilty. This case cannot be sealed or expunged and the conviction will also prevent you from sealing or expunging any other cases.
1. NO ACTION - Case was "no filed", "no actioned", "not filed". Depending on the county they may call it something different. However, this means the state attorney decided not to file any charges against you. The case can be expunged as long as you don't have any other cases or charges in which you were adjudicated guilty (convicted).
2. NOLLE PROSSE - This means the state did charge you, but then dropped the charges. This usually happens when the state has decided they do not have sufficient evidence to prosecute you or you completed a pretrial diversion program as part of an agreeement with the state. An agreement to do pretrial diversion or pretrial intervention is not like taking a plea. When you take a plea to a charge you are admitting guilt, when you do pretrial intervention you are not admitting any guilt for the offense.
3. WITHHOLD OF ADJUDICATION - Means that the court finds sufficient facts to find you guilty, but is going to "withhold adjudication of guilt". This does not count against you as a conviction and in most cases the case can be sealed as long as you don't have any adjudications of guilt (convictions) for any other charges or cases. If you received a withhold of adjudication for an offense that is categorized as a "dangerous crime", the case cannot be sealed. For a list of crimes that can't be sealed IF you took a plea to it see the exceptions page on SealMyRecord.Com.
4. ADJUDICATED GUILTY - This means you were convicted. If the court adjudicated you guilty on any particular charge the court not only finds you factually guilty but has also adjudicated you guilty. This case cannot be sealed or expunged and the conviction will also prevent you from sealing or expunging any other cases.
Do you qualify to seal or expunge your Florida Criminal Record?
Whether your charges were dropped or you were convicted, the record of an arrest is public record in Florida. That means anyone is allowed to request or look up the information regarding your case (arrest report, court records, booking photos, etc.). As long as you were not convicted (adjudicated guilty) for the charge(s) that you want to remove, you may be able to seal or expunge your record.
The basic requirements that you need to meet are:
1. You are not under court supervision (probation, house arrest, etc.);
2. You were not convicted (adjudicated guilty) of the offense you wish to remove and you have NEVER been convicted of any criminal offense anywhere in the U.S.;
3. You have never had a criminal record sealed or expunged in any other state previously;
4. You did not take a plea to any of the charges listed on the exceptions list. If the charges were dropped, it doesn't matter if they are on this list. Click here for the exceptions list.
Not sure if you qualify? Complete our FREE EVALUATION FORM and ask your question. Read more about sealing and expungement in Florida at SealMyRecord.Com.
The basic requirements that you need to meet are:
1. You are not under court supervision (probation, house arrest, etc.);
2. You were not convicted (adjudicated guilty) of the offense you wish to remove and you have NEVER been convicted of any criminal offense anywhere in the U.S.;
3. You have never had a criminal record sealed or expunged in any other state previously;
4. You did not take a plea to any of the charges listed on the exceptions list. If the charges were dropped, it doesn't matter if they are on this list. Click here for the exceptions list.
Not sure if you qualify? Complete our FREE EVALUATION FORM and ask your question. Read more about sealing and expungement in Florida at SealMyRecord.Com.
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