SealMyRecord.Com

SealMyRecord.Com
Go To SealMyRecord.Com - Click on pic!

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.

No comments: