Assault & Battery Question about Adjudication Withheld

[WLH88]

I want to know how it will affect me if I have felony charges on my record with Adjudication Withheld. When I changed my plea of not guilty to no contest for the plea agreement, I was told that my record could be expunged in 3 years and now that I am almost off probation am finding out that my charges are on a list of non expungeable charges. I am seriously thinking of trying to open this case back up and go through the whole process again since I am not guilty of these charges but did not want to put my family through the stress of a trial, etc. The charges of aggravated assault are nothing even close to what happened! Any advice appreciated.

 

[mafioso]

Yes, some crimes can't be expunged..........It all depends from one state to the other. It would be hard to reverse the plea if you had a lawyer. Honestly, the chances of success are close to zero. Get a good lawyer and try your best. No contest is pretty much pleading to guilty in law.

 

[WLH88]

Thank you for your answer. I consulted with another attorney and he told me to go to the court house and get the recording or court minutes of what was said that day when the plea deal was arranged. The states attorney who was against me was the one who stated in court that I will be able to have my record expunged in 3 years now finding out that I can't.

 

[mafioso]

If they have it, you have a good shot. Some counties require the defendant chose if they want to pay a small fee for the transcriber or not. Hopefully yours was record by default in your state or you chose the option.

 

[WLH88]

Do you know if I can re plea the deal to expungeable charges or if the case would have to be opened back up completely and retried? I live in Orange County, Florida. It never went to trial in the first place and I wasn't convicted, just had to serve probation, which I'm still on but eligible now for termination. Supposedly adjudication withheld is not the same is a conviction.

If they have it, you have a good shot. Some counties require the
defendant chose if they want to pay a small fee for the transcriber or not. Hopefully yours was record by default in your state or you chose the option.

 

[mafioso]

Yes it is a form of conviction or admission of guilt. The plea can only be annulled by a judge. So you can get a lawyer and try..........Good luck!