Checked- "having enterd a plea of guilty"
Checked- "and good cause being shown, IT IS ORDERED TAHT ADJUDICATION OF GUILT BE WITHHELD
crime was 'battery "1 degree misdemeaner
The thing was , my daughter smacked someone for sleeping with her boyfriend and the girl called the cops.
So now she is trying to get into nursing school and they want a back ground check , says assault, if battery not accepted, so what does all this mean? Is she branded? She was only 18
Criminal Defense Attorney
As a general rule, Florida Law permits a judge to accept a guilty or no contest plea and sentence a defendant without entering a formal finding of guilt. this is called a withhold of adjudication. When a defendant receives a withhold, he is not "convicted" and as a result, can truthfully say that he/she has never been convicted of a crime. Please keep in mind that other jurisdictions, including the federal government, do not recognize withholds and are likely to treat your daughter's sentence as a conviction. You should also keep in mind that Florida law permits an individual who has received a withhold to petition the court to have their record sealed. This can be done only once in your life. Once the record is sealed, subject to certain exceptions, your daughter would be able to lawfully deny having ever been arrested or charged with a crime.
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If adjudication was withheld then for practical purposes it means the charge can be sealed or expunged depending on some other factors. As for the nursing board, typically each offense is looked at individually for licensing and a violent charge is a huge hurdle. Consult an attorney about a possible sealing.
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