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Adjudication withheld...am I a convicted felon$ Criminal Records, Expungement

Discussion in 'Criminal Records, Expungement' started by nigeneg, Aug 11, 2011.

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  1. Aug 11, 2011 #1
    nigeneg

    nigeneg Law Topic Starter New Member

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    In 1977 in Polk co. Florida I was arrested for grand larceny....ended with plea of no contest.Judge declared "Adjudication withheld" and probation.

    Now...35 years later, am I considered a "Convicted Felon" if so can it be expunged and what would that entail?

    Regards,
    Menace to Society:dgrin
     
    nigeneg, Aug 11, 2011
    nigeneg, Aug 11, 2011
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  2. Aug 11, 2011 #2
    nigeneg

    nigeneg Law Topic Starter New Member

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    Bump????? Any input please
     
    nigeneg, Aug 11, 2011
    nigeneg, Aug 11, 2011
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  3. Aug 11, 2011 #3
    mightymoose

    mightymoose Moderator

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    If you completed your probation with no problems then you should have a clean record. The best way to know for sure is to contact Polk County.
     
    mightymoose, Aug 11, 2011
    mightymoose, Aug 11, 2011
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    nigeneg likes this.
  4. Aug 12, 2011 #4
    nigeneg

    nigeneg Law Topic Starter New Member

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    Thanks for reply......Thats what I thought...however I was recently disposed in a pending civil case. The attorney ask me if I had ever been "arrested" (i believe thats the way it was phrased ) I answered "No" she then ask me about 1977 and the charge of grand larceny. I was caught off guard?
    Should I retain an attorney in Polk co. Fl.?
     
    nigeneg, Aug 12, 2011
    nigeneg, Aug 12, 2011
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  5. Aug 12, 2011 #5
    army judge

    army judge Super Moderator

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    This is precisely why I advise all of my clients to avoid giving a deposition.

    You have potentially lied under oath.



    Potentially, mind you, potentially.





    It wouldn't be ill advised to speak with a couple of local attorneys.

    The initial consultation is often at no cost to you.
     
    army judge, Aug 12, 2011
    army judge, Aug 12, 2011
    #5
  6. Aug 12, 2011 #6
    nigeneg

    nigeneg Law Topic Starter New Member

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    My Attorneys in the civil suite are the ones that sent me out of state to give the depo. There was an attorney present on my behalf.....however he didn't even know my name or counsel me prior to the start of depo. He never said a word the entire 4 hours. I honestly had forgot about the "arrest" that happened when I was 18.But ignorance is no excuse.

    I just need to find out now if I'm a convicted felon on record for future purposes.....
     
    Last edited: Aug 12, 2011
    nigeneg, Aug 12, 2011
    nigeneg, Aug 12, 2011
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  7. Aug 12, 2011 #7
    nigeneg

    nigeneg Law Topic Starter New Member

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    I've found that with the "Free consultations" you get what you pay for ; the price for a real answer.....
     
    nigeneg, Aug 12, 2011
    nigeneg, Aug 12, 2011
    #7
  8. Aug 13, 2011 #8
    army judge

    army judge Super Moderator

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    If you're that smart, how'd you wind up with a felony conviction; and why are you on a FREE Internet site seeking more FREE legal advice?
     
    army judge, Aug 13, 2011
    army judge, Aug 13, 2011
    #8
  9. Aug 13, 2011 #9
    nigeneg

    nigeneg Law Topic Starter New Member

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    Oh my...did I touch a nerve Jag? I've learned a little in 35 years. Is "trying" to get something free un-wise. I have lots of time on my hands and once in a great while ,will find someone on-line that will really help with an answer and not get smart.....but very rarely.
     
    Last edited: Aug 13, 2011
    nigeneg, Aug 13, 2011
    nigeneg, Aug 13, 2011
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  10. Aug 13, 2011 #10
    army judge

    army judge Super Moderator

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    Touch a nerve?

    Seriously?

    Anonymously?

    Pshaw, you say.

    You touched nothing.

    Why I don't even know you.

    Only people in your life can touch you.

    Strangers on the Internet are of no matter, moment, or consequence to one.

    Naw, you touched nothing in me but my funny bone.


    Thanks for the chuckle, JeanYuss.
     
    army judge, Aug 13, 2011
    army judge, Aug 13, 2011
    #10
  11. Aug 13, 2011 #11
    nigeneg

    nigeneg Law Topic Starter New Member

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    What a strange one you are......You're the one that started with the sarcastic remarks. I'm just passing through....but with over 6000 post I guess this is your life . As such I will leave you with your "world" .....however you have been TOUCHED admit it or not . Austa la vista ....Genius
     
    nigeneg, Aug 13, 2011
    nigeneg, Aug 13, 2011
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  12. Aug 13, 2011 #12
    nigeneg

    nigeneg Law Topic Starter New Member

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    What a strange one you are......You're the one that started with the sarcastic remarks. I'm just passing through....but with over 6000 post I guess this is your life . As such I will leave you with your "world" .....however you have been TOUCHED admit it or not . Austa la vista ....Genius

    AMENDED :On my way out I took a look at your profile and some of your 11.5 post per day.
    IMO 1. you are no re-tired military judge, they don't even call themselves that in the military.
    2. The wording in your post does not even closely resemble the way a "Retired" paralegal would respond , let alone a JAG officer. 3. I figure you're either a disabled housewife with to much time on your hands , or someone that couldn't pass the Bar 40 years ago.
    Anyone that takes your "Advice" would do much better reading a few Ann Landers books...lol

    I'm done
     
    Last edited: Aug 13, 2011
    nigeneg, Aug 13, 2011
    nigeneg, Aug 13, 2011
    #12
  13. Aug 13, 2011 #13
    Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Guys... chill out!!!!

    nigeneg - I have no idea what you're upset about. Nobody here gave you advice to say "no" to the question of whether you've been arrested. The problem is that YOU gave the wrong answer, perhaps not paying close attention to the question. army judge gave you the right answer. Technically, you have a problem for the exact reason he stated.

    Could this have been an honest error - yes. Did you intend to lie - I don't know. But now that the deed is done, you should hire a professional to help you avoid a bigger problem, such as an attorney who has experience with issues such as this one. No, let me rephrase. You NEED to hire an attorney. Only a lawyer who can review your case and review the entire testimony can give you the answers you need. Anything less is speculation based upon the limited set of facts we know. What you do know for free is the severity of the problem that you caused doing this yourself.

    Let's try to have a civil conversation.
     
    Michael Wechsler, Aug 13, 2011
    Michael Wechsler, Aug 13, 2011
    #13
  14. Aug 13, 2011 #14
    nigeneg

    nigeneg Law Topic Starter New Member

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    Ok...deep breath...If you read my first post the question was about the term "Adjudication withheld" and my status . Not about what I said in a deposition with a pharmaceutical company . That was , and is not my concern. I only brought up the fact that I had been deposed to MightyMoose , who replied to my OP. Thats when "Army Judge" changed my post with his comments about never giving a deposition. If I am concerned about what happen in my depo I would have ask that question.....I feel AJ's first post was unnecessary and they went down hill from there.
     
    nigeneg, Aug 13, 2011
    nigeneg, Aug 13, 2011
    #14
  15. Aug 13, 2011 #15
    Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Unfortunately you're confusing the issue that many people do. There are two questions that are typically asked and any half decent attorney should know this:

    (1) Have you ever been arrested / charged with a crime?
    (2) Have you ever been convicted of a crime?

    There is a huge difference between the two questions. Adjudication being withheld means you weren't convicted of a crime. It means that there the judgment on the matter isn't made - perhaps in contemplation of the successful completion of a probationary period after which charges would be dropped.

    The problem you may have now is that if you're looking to expunge your case, you're the victim of your own bad timing. Who knows what the repercussions are of your stating that you've never been arrested? You need to convince a judge that your felony conviction should be expunged. As army judge correctly stated, a good attorney would have guided you through the deposition. Now that this issue occurred, the need for legal representation is even more critically important.
     
    Michael Wechsler, Aug 13, 2011
    Michael Wechsler, Aug 13, 2011
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  16. Aug 13, 2011 #16
    mightymoose

    mightymoose Moderator

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    ..... :biglol: ......
     
    mightymoose, Aug 13, 2011
    mightymoose, Aug 13, 2011
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  17. Aug 13, 2011 #17
    nigeneg

    nigeneg Law Topic Starter New Member

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    To : thelawprofessor,
    Seems as though I'm missing something here. I received a straight forward answer from Mightymoose to my OP. My follow-up was asking if I needed to retain an attorney in the county of adjudication to expunge my record. The deposition I refered to is, as far as I know , a mote point. The depo was a year ago, it is a civil case, & I've not heard a word about it from either side.

    The very first line in the first post from AJ was "This is precisely why I advise all of my clients to avoid giving a deposition.

    You have potentially lied under oath."     not that he "guided" his clients through deposition. He said he told them to avoid them altogether. Is this sound advice? Not to mention way off point of op.

    It obvious that aj is a respected member of this forum and I've apparently offended the group. For this I apologize to those who my have wasted their time reading this off point drama. I stumbled in here from a Google search I'm not looking to confront totally unknown strangers. I still feel aj piped in with an uncalled for post , starting this depo string of post..????

    I've stumbled into a "Sodality of Pettifoggers" GET ME OUT OF HERE.....:coolio::bye:
     
    Last edited: Aug 13, 2011
    nigeneg, Aug 13, 2011
    nigeneg, Aug 13, 2011
    #17
  18. Aug 13, 2011 #18
    nigeneg

    nigeneg Law Topic Starter New Member

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    WTF...thesaurus for Pshaw: seldom used word from mid 19th century
    absurd more...
    1. Pshaw

    1. a word used to express a feeling of disbelief
    2. a word used when you don't know what else to say
    3. an expression showing complete and utter boredom with whomever may be speaking
    1. Pshaw! You just made that up.
    2. Pshaw...i'm freakin' bored..
    3. Pshaw! Just get on with the damn story, i ain't got all day.
    buy pshaw mugs & shirts
    by Marbo Mar 27, 2003 share this add a video
     
    nigeneg, Aug 13, 2011
    nigeneg, Aug 13, 2011
    #18
  19. Aug 14, 2011 #19
    mightymoose

    mightymoose Moderator

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    I just find it a funny word that nobody uses... I think it was is Snagglepuss's repertoire.

    I think AJ's point was that it is better to not give a deposition than to give one and stick your foot in your mouth. Advising a client to keep his mouth shut is some of the best advice an attorney could give any client. If you don't say something then it can't be used against you.

    Whether or not you need to get an attorney is a decision that only you can make. Personally, I wouldn't even bother unless I was being charged with a crime. Some people prefer to retain an attorney earlier than that, but I prefer to give them as little of my money as possible. So long as you know when to shut up, there is no problem waiting.
     
    mightymoose, Aug 14, 2011
    mightymoose, Aug 14, 2011
    #19

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