What does adjudication withheld mean?

Discussion in 'Alternative Dispute Resolution' started by keywst4me, Jul 22, 2003.

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  1. keywst4me

    keywst4me Law Topic Starter New Member

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    What does adjudication withheld mean? I am in Florida and I am trying to expunge my records and the states attorney denied my request because he said adjucation was withheld. I have applied for employment and when a background check is done the record show this ugly incident. Can anyone shed some light??
    Thanks
     
  2. maharoger54

    maharoger54 New Member

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    adjudication withheld, same situation

    same exact thing happened to me, unfortunately it happened 3 days after i chg'd jobs - and was dismissed because of a criminal record discovery. i had thought that 'adjudication withheld' meant that i would have no record. have been looking for a job for 3 months - with no luck. please let me know if you have had any luck. roger 305-744-0100 (fla keys)
     
  3. Michael M. Wechsler

    Michael M. Wechsler Administrator Staff Member

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    When you enter a plea to an offense the judge can either rule on the facts of the case and "adjudicate" you as guilty (adult) or delinquent (juvenile), or "withhold adjudication" of guilt or delinquency in the matter. Thus if you have adjudication withheld you are not "convicted" of the crime although you are still found to be guilty of the crime.

    Where does this distinction come into play? Withregard to expungement or sealing, the only cases that are eligible for such status are those where the charges that were either dropped or had a "withhold of adjudication."
     
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  4. persecuted1

    persecuted1 New Member

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    Adjudication withheld Not IN FLORIDA

    I had a brief sexual encounter with this woman in 1989 and in 1992 was told her youngest daughtere was mine.So this began our 4 yr relationship....In 1996 i discovered her roomate a "female "Was actually her girlfriend,naturally i was pretty angry and hurt by this...." my life began a downward spiral....This IS Why.! I told her no more money from me period , i would seek custody of her children and she could kiss my A--.I left there e of angry i was really mad....The next AM i went to work as usual 2hr into my day i was asked to come to my local sheriffs dept for a few questions,i went willingly as i do repos and complaints are part of the job.I was blown away when told i was accused of lew behavior with the oldest..ie touched her fully clothed on her rear in a sexual manner.I was like that skank imma kill her grrr.I explained this situation to the police and that this was retalitory s from the mother to avoid any chance of my getting custody.Skip to the end I was prosecuted by the state of florida.18mos into case i was offered 1yr probation 1 yr sex offender treatment and no conviction,ADJUDICATION WITHHELD"I later found out class was 60mos as was probation.24mos in the state makes a website for sexoffenders and say i am 1 too.Irregardless of adj withhold.prob.was completed in full,after 2yrs clear off probation i was arrested for address violation.i was homeless..60mos probation again!
     
  5. persecuted1

    persecuted1 New Member

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    adudication withheld fla cont.

    I am currently attempting to have the original judge hold up our agreement of withhold.Does anyone know if this will work?I as well as my wife have to deal with floridas reign of abuses,they call my work to tell em im a sexoffender they tell my neighbors they show up at 5am wanting to search my home,anytime im stoppped on a traffic violation i am ticketed as it appears on my DL SEXOFFENDER!ie i had an accident i was hit by an out of control vehicle while i was stopped on the Highway in traffic jam.When FHP ran my Dl there attitude went from nice to Ugly looks and distain...i was sited at fault! Went to court FHP officer lied said that i told him Accident was my fault!Judge found me guilty,of course'.I followed fhp outside courtroom asked him "why did you lie? His Response was get away from me you sick pedofile! 2Mos later i am told i have no job because ins co wont cover me at work since I have a careless driving Ticket .As of Today I am Unemployed. P>S. Insurance sent copy of my DL thats states i am a sex offender to my employer,Hmm Does this surprise you? I am not seeking sympathy,just advice Thank You.
     
  6. charlesesq

    charlesesq New Member

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    What happened with your case persecuted1? It would really be helpful if you could inform us.
     
  7. AliceWonders

    AliceWonders New Member

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    How do I seal or expunge a witheld adjudication in Pinellas County FL?

    Thank you for above information. I recently went to court for a first time posession of marijuana charge. My adjudication was witheld and I was given a fine. Is it possible to apply to seal this case or expunge my record so that people searching the internet cannot find it? If so what is my first step?
     
  8. Thomas_J_Ricci

    Thomas_J_Ricci New Member

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    In the same situation

    I would hope you are correct. I took this plea to dispose of this case in 1994, plead nolo withhold adjuication based on a case in North Carolina.. My attorney at the time said there would be no conviction. The law change 5 years later while I was still on probation. Thus changing my status, as I understand it under one statute. The original attorney says, well the laws changed. My god, why didn't he tell me that this could happen. I also can not find employment, since I am on the list for life. As I have spoken to a couple of criminal attorneys, there is nothing they can do. So do you have any idea's
     
  9. wildblueman07

    wildblueman07 New Member

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    i know what your going through. I was set up for non-adjudication aka adjudication withheld by the DA and Attorney. I was told that my record would not show anything unless i was arrested for something while on the adjudication. Well i was working at the time and the company got bought out. Upon reapplication for the new company i get laid off. I paid off my dues and now waiting to get this crap off of me for i was told that upon completion that the charges would be dismissed and my record would be back to normal again...
     
  10. Michael M. Wechsler

    Michael M. Wechsler Administrator Staff Member

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    That is correct - it is as if your case is undecided - the judgment or adjudication is withheld pending something happening. Usually successful completion of the terms dismisses the case.
     
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  11. hbobet

    hbobet New Member

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    if I was adjudication withheld how long do I have to wait before I can have this removed off my record, Im in the same with the people here, in florida, possesion of marijuana, ITS BEEN THREE YEARS, why??
     
  12. WastedYouth

    WastedYouth New Member

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    Question...

    A very short introduction before I begin. I spent a period of about 5 years after high school making bad life choices, and getting into trouble. The first was an accessory after the fact burglary in June of 2000, for which I had my adjudication withheld, and received 1 year probation, which I completed.

    The next was possession of concealed firearm in July 2004, then again about 3 weeks later for cultivation of cannabis, and possession with intent to distribute. In both cases, adjudication was withheld. I was ordered to 30 months of drug offender probation, along with 30 jail work camp days. Once again, I completed this probation successfully.

    Since then, I've made conscious choices to turn my life around every single day. I'm an A+ certified IT technician, and a Microsoft Certified Systems Administrator. However, I'm having trouble finding employment due to my criminal past. I was wondering if it was worth trying to get my record expunged. Being someone with multiple felony cases, which were all ended with a result of adjudication withheld, and probation was completed successfully. It's been nearly 6 years since my last run in with the law. I haven't had so much as a parking ticket since then.

    Thank you for any advice.
     
  13. pappy

    pappy New Member

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    15 years later

    :no: It's been 15 + years since my "adjudication withheld" decision and the case shows charges dropped after completion of PTI program. The charges have haunted me at every turn. Employment is hard to find, forget about getting any kind of clearance, and all because I tried to buy a nickle of pot from a cop. You can be a lifeguard and save people from drowning every day and no body will call you a life saver, but you smoke ONE joint and your a POT HEAD the rest of your life! Accept it and keep your self clean, good things will happen. ;)
     
  14. avalk74

    avalk74 New Member

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    Help please

    I am really confused about this whole adjudication withheld situation. My husband was charged with uttering a forged instrument and grand theft in florida. When I look up his record it states adjudication withheld but also says Convicted by plea. Can someone tell me how all this works please. When someone looks this up are they going to consider him convicted or not?
     
  15. bluemann33

    bluemann33 New Member

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    start a new thread.....this one is over 7 years old.
     
  16. avalk74

    avalk74 New Member

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    I feel stupid asking this but is there a difference between withhold of adjudication and withheld adjudication. I have found in legal terminology sometimes the order of the words makes it mean two different things.
     
  17. chaver

    chaver New Member

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    All these questions about about adjudication withheld and I just want to find out whether my incident 10 years ago has that status or not. I have called the county clerks office in TN and they can tell me what I was convicted of (a misdemeanor) but no one there knows if it was "adjudicated withheld." I have been told that I can answer a job application NO to the question of whether I have ever been convicted of a felony or misdemeanor IF I have the withheld status. HOW and WHERE can I get this information if the very clerk county office can't tell me..
     
  18. army judge

    army judge Super Moderator

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    If you were represented by an attorney, I suggest you inquire of him or her.

    You might also review any legal papers you received, especially your adjudication of guilt findings.


     
  19. L2489

    L2489 New Member

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    Ohh Please man those tickles tired now man,Kurt Sutter Frances is OUT!!!! MAN!!!! I SAID OUT!!!! THOSE SUNBURNS ARE TIRED CAHLOUN TOOK OVER BACK TO AQUAL-SELZER,ALL WITHELD "LEN WISEMAN" ALL THOSE CRACKER MOVED TO CALHOUN BBAAAUUHHUUUAAA

    !

    !

    !

    !
     
  20. alcaycia

    alcaycia New Member

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    I am currently on community control level 2 for agg. batt. with adjudication withheld, but I work full-time at a pawnshop that is a federally lisenced firearm dealer. Am I able to stay employed there?
     
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