Assault & Battery when adjudication is witheld what shows up on your record that employers see?

[gardengoddess]

In 1989 i was 19 years old. My father passed and i had a new born. I was suffering from severe depression and started drinking and using drugs. I became unstable around November and got into a fight with my best friend. She was injured but refused to press charges.My charges were aggravated battery and the location was orange county , florida. My MOTHER and her father pressed the state to pick up the charges. My mother lied to the police and said i had a previous record. Eventually the judge found out the truth and with the testimony of my best friend that this was not typical behavior ruled that adjudication would be withheld.
I served one year community control and one year probation. I had no violations and my rights were to be restored at the end of probation. Something went wrong. My rights have not been restored. I applied for clemency but have not received a response.
I applied for a job today and for the first time i was turned away because of the
felony. I am always honest about the conviction because i have no idea what they see when they search my records. I know one job pulled them up at it only said charged and i had to go to the court house and get copies before i could get security clearance. Embarrassing , but no big deal.
What shows on my record now? Do i have to say i was convicted if adjudication was withheld? Will clemency restore my rights and clear my record? This is so humiliating! I was 19 and messed up. I'm 39 years old . How long do i have to pay for one mistake?

 

[Michael Wechsler]

If adjudication was withheld then it should mean you were technically not convicted of a felony, at least form my understanding. The notion is that a judgment is stayed and no determination made of guilt or innocence pending your ability to remain clear from violation of the law during a probationary period. I'm not sure what went wrong or how your potential employer found out - you shouldn't need clemency.

 

[gardengoddess]

So when i apply for a job do i need to say i was convicted of a crime? I dont want them to think i am a liar if they see it. How can i find out what it says? And how can i go about having corrections made?
Thank you.
sandi

 

[Michael Wechsler]

If adjudication was withheld you were never judged. If you were never judged you were never convicted. If you want to be sure, make sure this is the case by checking it out yourself with the court clerk.

 

[gardengoddess]

You have no idea how relieved i am. Thank you so much! Now i just need to find out why they never restored my rights as the judge ordered.I applied for clemency because i found out my rights were not restored and the lady i spoke to said i had to apply for clemency . I don't think that is correct if the just ordered my rights restored once restitution was paid. Maybe she misunderstood. Hopefully, this will be corrected soon. Thank you for all of your information. This was a major source of stress for me.

 

[Michael Wechsler]

Great. Let us know how it all turns out and hopefully will be corrected son.

 

[palmbeachdirect]

You probably need your records expunged and can find out more about that from the local self-help law center (near the office of the clerk), clemency has nothing to do with your case. Get an application and start the process to see if you are eligible for expunction. Remember, you were not convicted of anything! In the meantime, re-read the requirements, stipulations & conditions of your participation in the probation/service contract. All the information will be stated there, if you no longer have it you can get it from the Office of the Clerk. You don't need your rights "re-restored", they were restored upon completion of the probation agreement.