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Can I Seal My Record With a Withhold of Adjudication?

If you pled guilty or no contest to a criminal charge and the judge gave you a withhold of adjudication, you may seal your record provided you are otherwise eligible.
If you pled guilty or no contest or were found guilty at trial as a juvenile or adult, and the judge entered a withhold of adjudication on the charge to any of the charges below, you will not be able to seal or expunge it.
1.Abuse or aggravated abuse of an elderly person or disabled adult
2.Act of domestic violence as defined in s. 741.28, Florida Statutes
3. Aggravated assault
4. aggravated battery
5. Arson
6. Burglary of a dwelling
7. Carjacking
8. Child abuse or aggravated child abuse
9.Computer pornography involving a child
10. Drug Trafficking (any substance)
11.Hijacking
12. Home invasion robbery
13. Murder
14.Illegal use of explosives
15. Kidnapping
16. Lewd, lascivious, or indecent assault or act upon or in the presence of a child
17. Manslaughter
18.Offenses by public officers and employees
19. Organized fraud
20. Robbery
21.Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of a person in familial or custodial authority
22. Sexual battery
23.Stalking
24. Aggravated stalking
25.Use of a child in a sexual performance
26.Promoting a sexual performance by a child
27.Possession with the intent to promote any photograph, motion
picture, exhibition, show, representation, or presentation, which includes sexual conduct by a child
28.Possession of a photograph, motion picture, exhibition, show, representation, or presentation, which includes sexual conduct by a child
29.Voyeurism
If you received a withhold of adjudication for any of the above charges, you may not be a convicted felon, but you cannot get your record sealed.
Attempts and conspiracies to commit the above crimes will also make you ineligible to have your record sealed.
The Law Offices of Eric M. Matheny, P.A. is a criminal defense firm that handles the sealing and expunging of criminal records in Miami-Dade and Broward.
Call today to speak with Attorney Eric Matheny.
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