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I am 44 yrs old and did a dumb thing w/a friend when I was 19. My disposition was adjudication withheld, I pled no contest.

Hi, when I was 19 (1984) I was arrested for burg. of a dwelling, less than $200 (I think). I pled no contest, received 3 yr prob., comm svc and a fine. I completed everything and have never been in ANY trouble since. I was told way back then (PO) I could state NO to the question of conviction, I never lost voting rights, or anything else. I am in Florida still, I would like to get this expunged/sealed, whichever is better. Also, how expensive is each and can I do this process myself, as AI dont have $ for an attorney. I am going into the medical field (xray) and don't want it to hamper me in any way, even though it's 25 years old... also, do most backg checks go back that far? Thank you. DKT

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Attorney answers (3)

Reputation Level 16
I'm afraid that you are not eligible to get a burglary of a dwelling charge sealed regardless of the fact that adjudication was withheld. You are correct that you have not been convicted of the crime under Florida law, however, certain charges ranging from misdemeanor domestic battery to arson to burglary to murder are not eligible to be sealed. Most misdemeanors and some felonies are eligible but not yours. That said, you can still legally deny that you have been convicted. Also the fact that it has been 25 years and assuming you have stayed out of trouble since then will help your cause when applying for jobs or other matters. The fact that you are going into the medical field means you would have to disclose it anyway, even if the charge was able to be sealed. Finally, I hate to tell you but most background checks do go back that far and even farther in most cases. I wish you luck but if you have any questions you can check out the following link or call me: http://www.helpgoodpeople.com/Consequences-Afte...

Reputation Level 14
It's true, you cannot seal a burglary of a dwelling, but you were only "arrested" for that, do you think you actually pled to it as well, or maybe pled to a grand theft charge (because you mention "less than $200", no such thing with burglary, but there is a grand theft under $)? You should go the clerk of court and order a copy of the disposition (yes, this is an old case so it may take a week or so to get the papers out of storage).

Also, something cool to do is to simply purchase a background check on yourself, there are plenty of these services available online.

Good Luck,

Reputation Level 10
I agree with Mr. Guidry that actually getting your hands on a copy of the "judgment" is a good idea. Obviously, you have had your act together for a while, don't let the minor hassle of going to court and getting this information prevent you from doing what you can to help yourself (and your family if you have one).

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