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"Have you ever had adjudication of guilt withheld?" is this the same as a pre-trial diversion program?

Tallahassee, FL |

About a year and half ago I went through a pre-trial diversion program for petty theft, I am now looking for work and on this recent application this is one of the questions "Have you ever had adjudication of guilt withheld for a crime which is a felony or a misdemeanor?" I never went before a judge nor did I plead anything, just did the program which required me to pay a fine and the case was dismissed afterwards. What would be the correct answer for this question? Also I'm aware I can have the charge expunged from my record but I can't afford it right now how would I go about doing the expundgement myself? Thank you in advance for all responses.

Attorney Answers 4


  1. Based upon the information you provided the answer to the question is No. PTI is not the same as an adjudication withheld. Your case was dismissed and therefore can answer no. Best advice is to have your record expunged.

    John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. Mr. Riordan is a former Palm Beach County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.


  2. If you did a program called diversion and completed it, your charge was dropped and you can answer No! As far as expunging your record, download an app from FDLE. But I would strongly suggest you hire a local attorney on a payment plan.

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-228-3838 and specifically mention AVVO or email me at bill@thelawman.net and put AVVO in the subject line.


  3. The court would only withhold adjudication if you had entered a no contest or guilty plea. So it sounds like you successfully completed diversion & had the case dismissed. So you should be able to say no to the question. Fdle's website will have information regarding expungement. Or you can call our us, the Umansky Law Firm, at 4072283838 for a free consultation.


  4. If you went throught the Pre-Trial Diversion program in Leon County and successfully completed the program the State should/would have filed a No Information in your case. This means the charges were dropped, and you can answer "No" to the question.

    If money is the only thing holding you from Expunging this arrest, consider doing it yourself. While most attorneys, including me, will handle sealing and expunging for clients for a fee, most reasonbly intelligent and dilligent individuals can handle a very basic sealing or expungement. Gor to the Clerk of Court's office on the first floor of the Leon County Courthouse and request and Expungement Packet. Try and do it yourself. If it becomes confusing, then contact an attorney.

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