Adjudication Withheld

[luckygirl]

In 1999 I got into some trouble with rgards to Petit theft. Since my record was clean and I was in college the judge said it was best to have adjudication withheld. I paid my fines and completed my service hours immediately and my probation was up within the year. This has never been an issue until now when the county I live in now said I had a Petit Theft Conviction, so I pulled my criminal records from a website. They show 2 records: 1 theft charge but adjudication withheld and then a second record shoeing petit theft charge and conviction. The case numbers are clearly the same, just in different formats as that was my only incedent.

Any advice on how I am supposed to handle this? The second record is not right. Also, is there any way for me to get my record completely cleared or expunged for the adjudication?

Thank you.

[aaron]

Your rights and remedies depend upon the laws of the state in which you were convicted.

[luckygirl]

Sorry thought I put that in there. It was Florida (Orlando).

[Mr. Knowitall]

It is my understanding of Florida's system that you are not convicted of an offense if adjudication is withheld, but that the offense record will nonetheless appear on your criminal record with the notation that adjudication was withheld.

If you successfully petition to have your record sealed, you can lawfully deny the arrest. The Leon County Court website offers instructions on sealing a misdemeanor record [pdf format]. I have read estimates that this procedure (getting the FDLE certificate certifying eligibility, petitioning the court, and having your petition heard) typically takes about sixty days from start to finish; you may be able to expedite the process depending upon the court's calendar.

[luckygirl]

I understand that I may be able to get the record sealed. My problem is its hsowing up twice on a search as adjudication withheld and then the second record is showing up conviction of petit theft. This all came about when my application for being a sub teacher was denied because they said I was convicted. That threw me for a loop bc I wasn't. The judge said adjudication withheld. How do I go about fixing this incorrect record? Thank you.

[aaron]

If the error exists in state records, contact the FDLE and inquire as to their process for correcting the error. Unfortunately, they don't seem to provide online information on correction of errors.

[pwarren]

Hey lucky girl,

I am going through a similar problem. Did you do a FDLE criminal search? I did one in 2005 and my record was clear. Well, I did another in 2007; I had a petit theft that I was arrested for show up as a Felony larceny. This happened in 1995 when I was 16. I kept copies of both criminal searches. I called FDLE 850-410-8109. This is the records dept., just tell them your case, make sure you have copies of your court papers or go online and Google, (iclerk, Orlando, Fl), click on the word, LOG ON, then enter your name and find your case info. This happened to me in Orange County. Let me know what happens
pwarren252004