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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23523
Experience:  Active member of the NYS bar since 1989
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Can I reverse a judified guilty to withhold adjudification

Customer Question

Can I reverse a judified guilty to withhold adjudification
Submitted: 10 months ago.
Category: Legal
Expert:  Zoey, JD replied 10 months ago.

Hello,

Only the DA can offer you an adjudication withheld. If the DA didn't offer the deferred adjudication in the first place and you already took a plea of guilty, you would have to get the judge to be willing to take your plea back, and from there, the DA would have to be willing to give you the deferral. The odds of this are very low, because once you accept a deal in the first place and then look to break it, the DA will not generally be inclined to do you a favor, and you'll end up having to get your plea from the judge, who does not have the power to grant you the adjudication withheld.

Have you already been sentenced to your plea of guilty? What legal basis do you have to try to get your plea back? Changing your mind is not one the court will honor.

Customer: replied 10 months ago.
I have already been sentenced to my guilty plea. I am hoping to expunge or seal the record
Customer: replied 10 months ago.
The case happened in 2012.
I just want to expunge or at least seal the record so I can put this behind me. This is a deterrant in my job pursuit
Expert:  Zoey, JD replied 10 months ago.

Thank you. That's a different story, as an expunction is not a reversal of the conviction.

Attached is the application for a certificate of eligiblity to apply for a Florida expungement. The list of disqualifying offenses are on the application. If your crime is not listed among the disqualified offenses and there's no other reason you would be disqualified (you'll see the other reasons on the application as well), you would be eligible to apply for a Florida expungement.

Here's a link to various expungement packets from there.

Customer: replied 10 months ago.
do I have any options
Expert:  Zoey, JD replied 10 months ago.

See above

Expert:  Zoey, JD replied 10 months ago.

If you're disqualified you'd have to seek a pardon from the governor. Here's more on that. Neither pardons nor expungements require a lawyer.

Customer: replied 10 months ago.
R u still there?
Expert:  Zoey, JD replied 10 months ago.

Yes, and I answered your question and sent attachments. See above.

Customer: replied 10 months ago.
Since ive already been sentemced, why cant I seal or expunge the record. Because the time I spent in jail also is visible to everyone.
Expert:  Zoey, JD replied 10 months ago.

I have no idea what you were even convicted of, since you never gave me that information. However, did you look at the application I attached and find out whether or not your offense is qualified for an expungement?

If it's disqualified, there's nothing you can do but petition the governor for a pardon because your law won't allow for anything else. If the crime you were convicted of is not on the list, apply for an expungement, and you'll likely get it.

Customer: replied 10 months ago.
Hello,the following are my charges. In 2012 I was charged with a felony (for scratching a HUMMER, which was a criminal mischief charge) Due to the value of the property damaged, I was charged with a Felony which was reduced to a misdemeanor and I was on probation for a few months during which I violated my probation by being in the area I was not supposed to be in and therefore, the officer arrested me and charged me with Violation of Probation and I was sentenced to 16 days (or so). I plead guilty to the Violation of Probation because the officer did arrest me on the property on which I was not supposed to be on....I couldn't deny the violation by saying that I was not there when I was....there were two officers.
A) 12-MM-23983 : Alleged new charges, which violated your probation in 11-CF-20013.Both
charges were No Information Filed, which means the State Attorney never filed formal
criminal charges against you.B) 11-CF-20013 : Your Violation of Probation (VOP) on the Criminal Mischief Charges due
to being arrested on 12-MM-23983 for allegedly violating the no-contact order and
providing false info to Law Enforcement. Probation was Revoked and Terminated and you
were sentenced to 16 days in Lee County Jail.C) 11-CF-20013 : You were booked and charged with a felony, but pleaded to a lesser
charge of Misdemeanor Criminal Mischief.D) 10-MM-22591 : Booking report and disposition. Case was No Information Filed, which
means they did not file criminal charges against you in this case since you completed the
Pre-Trial Diversion Program.Everyone is telling me that I cannot expunge or seal my record because I already pled guilty and was adjudicated guilty. So, I have been told I am not eligible for expungement or seal record because of guilt adjudicated.....even though I already spent /served time in jail.
Please advise.....
Sandy
Customer: replied 10 months ago.
I did see your forms that were attached. My attorney in these cases also said that since I was adjudicated guilty , I cannot seal/expunge my record. Please advise. Sandy
Expert:  Zoey, JD replied 10 months ago.

Your attorney is correct. The fact that there was a guilty adjudication prevents you from sealing or expunging your offense in the state of Florida.

Customer: replied 10 months ago.
then there is nothing I can do....right?
Expert:  Zoey, JD replied 10 months ago.

The only thing left you can do to try to lessen the effect of your conviction is to petition for a pardon. That won't erase the record, but it will forgive it.

You can read more about that here.

Customer: replied 10 months ago.
Even though I served time ????
Expert:  Zoey, JD replied 10 months ago.

Yes. You can serve time and still be eligible for a pardon. They are not easily granted, but they are free to apply for and don't require a lawyer.

Customer: replied 10 months ago.
But just in case I am "pardoned", would I then be able to expunge the record ?
Expert:  Zoey, JD replied 10 months ago.

No, not in Florida.

Customer: replied 10 months ago.
what about the forms you sent to me.....they are no good....
so, I cant do anything.....the worst case scenario would be to reverse the guilty adjudication and possibly risk serving more time
Customer: replied 10 months ago.
What about any of the other cases????? I did not plead guilty in all the cases. I can t expunge or seal any thing..anything at all
Expert:  Zoey, JD replied 10 months ago.

That is correct. The only thing you have left is the pardon.

There is nothing more that you can do because if you have an adjudication of guilt you cannot expunge anything at all thereafter in your state. You're not eligible for an expungement or a sealing.

I'm sorry to be the bearer of bad news.