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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16544
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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Can I get cosmetology license with a felony withheld adjud

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Can I get cosmetology license with a felony withheld adjudication?
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Alex Esquire :

Hello. My name is XXXXX XXXXX I will be glad to help you.

What was the charge and how long ago did it happen?
Customer: replied 6 years ago.
The charge was conspiring to defraud but the disposition was adjudication withheld. Now, I called the Florida Department of Business and Professional Regulation. They said that this is a new process and that I would have had to do something really bad not to get my license. the rep gave me an example which was to kill multiple people. She said that it is not like getting a broker's license (integrity involved). I did go into details and tell her of my charges. She said that I need to submit a copy of my background along with any other documentation. I have a letter from my lawyer (from back that far) that says that a withheld is not a conviction. The letter goes on to say that he represented me in the unusual case of being arrested two years after said accusation. I was going to include that in hopes that it will help me getting my license. The charge was back in 2008.

You cannot have adjudication withheld unless you have first been found guilty by the court. After a finding of guilt the court has the option of adjudicating you guilty or withholding the adjudication of guilt. By withholding the adjudication of guilt the court is not convicting you of the crime. If the offense is a felony you will not lose your civil rights.

 

Having the adjudication of guilt withheld also leaves you eligible to have your criminal history record sealed or expunged so long as you do not have an adjudication of guilt in any other case and the offense qualifies.

 

With that said, generally it would be very likely that this adjudication of guilt should not prevent you from obtaining a cosmetology license. I would also strongly suggest finding an experienced local attorney to look into sealing or expunging your criminal history.

 

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