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Felony withhold of adjudication...

West Palm Beach, FL |

I was sentenced in 2010 on multiple felony theft and fraud charges. I had to serve no jail time, but received 5 years of probation (early termination after 3 years) and a withhold of adjudication on all my felony charges. Am I a convicted felon? I never registered as one. Also, should I be concerned about my charges showing up on a background check for an apartment complex? I an a key holder at my job with keys to the store, the safe, etc and evidently came up clean enough to pass my corporate check.....? Any guidance and clarification is appreciated. Thanks - Katie

Attorney Answers 5


You are NOT a convicted felon. In fact you may be eligible to have your record sealed.

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If you received a withhold and successfully completed probation then you are not a convicted felon. A background check would likely reveal this. You should contact an attorney concerning sealing and expunging your record. This will help you immensely in future background checks.

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If you were not adjudicated by the judge then you are not a convicted felon. Your charges and arrest record may still show up in a background check even if the charges were withheld. The charges will still appear in the background check until you are able to have your record sealed. Once your probation is terminated I recommend that you have your record sealed. As you record stands a landlord may see it on a background check. You can contat a loca attorney to determine if you are elligable to seal your record.

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If adjudication was withheld, you are not a convicted felon.

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The good news is that, by definition, the fact that the trial court judge withheld adjucation in your case means that you are absolutely not a convicted felon (unless you have somehow previously been convicted of another unrelated charge at a different time, which would have prohibited adjudication in the case to which you have made reference an impossibility).

The bad news is that in all likelihood, even the most basic background check will reveal the existence of this previous contact with law enforcement and all which followed. At your earliest possible opportunity you should contact an attorney who can meet with you, verify certain details concerning this matter, discuss your future plans with you, and, if appropriate, initiate the process of sealing your record.

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