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Withhold adjudication? Criminal Records, Expungement

Discussion in 'Criminal Records, Expungement' started by donutznmilk, Feb 16, 2004.

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  1. donutznmilk

    donutznmilk Law Topic Starter New Member

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    I have A question about expungement and if I qualify I had A case in 1992 I was
    charged with a Aggravated Battery with the following disposition of my case
    withhold adjudication 2 yrs probation 4 weekends in county jail plus costs and
    fine case number xxx yyyy county. During probation I violated order of
    probation dated 01/93 the court adjudges you to be guilty of said offenses
    Then placed on one year community control followed by one year probation
    09/93 ending 09/95 completed 09/95
    My question is can this offense be expunged? I also have received a letter from
    FL Parole Commission for a determination of eligibility for restoration of civil
    rights without a hearing this was 10/2002 however it has been determined that
    I do not meet the criteria. And that I may apply for a hearing pursuant to Rule
    5 (E) Rules of Executive Clemency. This charge has affected me in every aspect
    of my life and I need to take steps to remedy this A.S.A.P.
    So basically I had a withhold adjudication and recieved probation I violated probation and was put on community control which was completed successfully. Do I still have rights?
    --
    Thank you
     
    Last edited by a moderator: Jan 30, 2013
  2. Cameron_Horton

    Cameron_Horton New Member

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    I'm assuming that xxx County is in Florida? If so then the answer is probably not. Go to yahoo.com and search "Florida Statues" and look under statue 907.041 and it lists the offenses that cannot be sealed regardless of adjudication, but look for yourself because I'm not sure.
     
  3. freebird

    freebird Member

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    I think this question has been asked several times and the answer is that only charges that were dropped or had adjudication withheld can be expunged or sealed. An offense where guilt was adjudicated cannot.

     
    Last edited by a moderator: Jan 30, 2013
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  4. donutznmilk

    donutznmilk Law Topic Starter New Member

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    Case was cleared upon completion of probation and community control .Rights were never suspended.
     
    Last edited: Aug 20, 2008

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