Can You Change Your Felony Guilty Plea, Years Later, to Qualify for Expungement

My question involves criminal records for the state of: Florida


Felony3 in 1998 first offence 80 hous comunity service $200 fine nothing since ether Question could they be asked to change the judified guilty to withheld so the record can be sealed or exsponged. One more thing the original deal was it to be withheld but my job transferd me to illinos and illinois would not handle probation unless judified gulilty. Totally clean record excert for this 15 years ago

adjudicated, not judified




is there a reason you cannot apply for your record to be sealed or expunged now?

taking action to expunge when it is a adjudication withheld is a partially meaningless action since with an adjudication withheld, you have no conviction.

II was adjudicated Guilty so I cannot expunge or seal. It is my only offence before or after. The only reason it was adjudicated guilty was the fact I had to leave Florida to relocate to Illinois. Illinois would only except my parole was if it was adjudicated Guilty. I have been told and would like to know if the classification can be reversed to withheld or set aside so I can expunge or seal. I only paid $200 fine and 80 hours community service. No violent crime and nothing before or after. I have been told by Florida attorneys it could be done due to my circumstances I would like your option. Thank You

Not going to happen. You, knowing the implications of doing so, plead guilty and were adjudicated guilty. Just because you think that it would be nicer now to change your plea isn't grounds to do so. Further, even if you were able to change your plea, that doesn't mean the court wouldn't adjudicate you guilty anyhow. It's not going to be the case that they just give you back a previously offered plea bargain after the fact.

That is simply not true. The purpose of seal and expuntion is to hide or remove a conviction from the public eye, either as a limited action (sealing of records) or by effectively declaring the conviction never happened (expuntion)

Quote:

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Quoting dmarr35

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I have been told by Florida attorneys it could be done due to my circumstances

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Then why haven't you retained one of those lawyers?

I suggest before paying a lawyer, though, you have a discussion with the lawyer about what is possible versus what is likely, and the degree to which relief will depend upon convincing prosecutor and court to give you a break as opposed to relief that you could potentially obtain over the objection of the judge or prosecutor.

If you go here

http://www.fdle.state.fl.us/Content/...es_or_Expunged


I did not research the statement in there but it suggests that an adjudication withheld cannot be expunged until it is first sealed for a quite long period

it also states that certain AW situations cannot be altered unless there was specifically an entry of a guilty or nolo plea.

I believe you simply have an incorrect understanding of the process and what is available to you. I suggest you speak with those lawyers a bit more.

I have retained a lawyer. I wanted to get your option. He is in the Clearwater area and handles Expunging. Flyingron it was a first offence with only 80 hours community service and a $200 court fee. The judge already decided to Withhold of Adjudication but at the last minute they found out since I was serving my probation in Illinois they would not except my probation unless I was Adjudified Guilty and the only reason I have never tried because I just found out it maybe possible this has been 15 years and I have never even had a traffic ticket.
The lawyer was a district attorney in Orlando were I was in court. He says he will approach the prosecuting attorney and the judge and see if they would be open to changing the verdict. He feels with the circumstances and the fact It’s been 15 years he should have success. He is a very creatable criminal layer as far as my research showed. I just thought it was not possible. He said once he gets the adjudified withheld he would file to have the charge sealed or expunged.

Well then, deal with the creatable [SIC] lawyer and leave us alone.

Sorry I did not mean to upset anyone I appreciate the help I am not a Lawyer and I like to research as much as I can. I was just seeing if he was being honest in a possibility of changing a verdict. I questioned him and he assured me as long as I am truthful it could be done. With this information it will help me to ask better questions and not be to trusting. Anyway I won't bother you anymore Thank You for the help.