Found Guilty? You May Still Be Eligible To Seal Your Criminal Record.

March 1, 2018

 

In Florida, did you know it is possible to be found guilty, BUT NOT CONVICTED.

 

Given Florida’s sentencing structure you can be found guilty of committing a criminal act and still not be convicted of committing the act. This happens even if you plead guilty or no contest or are found guilty by a jury of committing a crime.

 

If you are charged and you enter a plea of guilty or no contest you will be found guilty by the court.

 

What happens after this finding of guilt?

 

It's up to the court to decide if you will be Adjudicated Guilty or if the court will grant a Withhold of Adjudication. It is this decision by the court that will determine if you are convicted.

 

If the Court adjudicates you guilty you have been convicted of the offense. In the context of sealing or expunging your criminal record you can never be adjudicated guilty (CONVICTED) of any criminal offense. And if you have been convicted you are not eligible to seal or expunge anything.

 

If the Court withholds the adjudication of guilt the court has NOT convicted you. If your case resulted in a Withhold of Adjudication of Guilt your case may be Eligible to Seal.

 

 

 

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