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Do misdemeanor offenses fall of record after a certain amount of years? does adjudication withheld mean not convicted?

Naples, FL |

if adjudication is withheld, do I have to list that on a job application under "have you ever been convicted of a crime?" as yes?

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Attorney answers 3


No, misdemeanor offenses do not drop off your criminal history record unless you get it sealed or expunged. You only get one in your lifetime. A withhold of adjudication means that you were not formally convicted of the offense. Depending on how the question is asked, you may be able to answer no if you have a misdemeanor with a withhold of adjudication.


No, all criminal charges, with the exception of juvenile offenses, will remain on your record unless sealed or expunged. If adjudication is withheld, you have not been convicted of a crime and you can truthfully answer "no." However, you would have to answer "yes" if asked whether you have been charged with a crime. The same may be true if asked whether arrested and/or if you have entered a plea. Be very careful to pay attention to the wording of the question(s).

Call (904) 339-5338 to schedule your free consultation and case evaluation. Please note that the answer provided above is not intended as legal advice and no attorney-client relationship results from this posting.


No and Yes.

R. Jason de Groot, Esq., 386-337-8239

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