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if adjudication is withheld are you still considered convicted in florida
Gainesville, FL
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Posted about 1 month ago in Criminal Defense
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i plead no contest to 5 counts of trafficking in stolen property. adjudication was withheld and i served 5 years of probation. did i loose my rights and can i still own a gun
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i was violated on my probation and unsuccessfully terminated but on my criminal record it still shows up as withheld adj. does this make a difference Best Answer (as selected by the question's author)Diana Michelle Tennis
This attorney is licensed in Florida.
Posted about 1 month ago.
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Assuming you make it through probation without violating, which can cause that withhold to become a conviction, you are not a convicted felon and can own a gun. You need to consider your probation obligations though, typically you cannot own a gun while on probation, please check that out with your PO
Additional Answers (3)Diana Michelle Tennis
This attorney is licensed in Florida.
Posted about 1 month ago.
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Assuming you make it through probation without violating, which can cause that withhold to become a conviction, you are not a convicted felon and can own a gun.
Cotio2010
Posted about 1 month ago.
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They say the Feds dont reconize withelds,but the States do.I imagine you should get your Attorney to petition the Federal court to have your Federal gun rights restored as well,so you can be clear on any issue referring to firearms.
Jonathan Jay Kirschner
This attorney is licensed in Florida.
Posted 23 days ago.
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No, you are not a convicted person, so you did not lose any of your rights. You can own a gun, and you are eligible to apply for and, with the authorization of the Department of Agriculture, apply for an receive a concealed weapons permit.
Now that your probationary period over, I would suggest that you consider Petitioning the court to have your record "sealed" under Florida Law. Once you obtain an Order to Seal, then your record will no longer be a public record, and will be hidden from public view. After the record has been sealed for 10 years, you can then apply to have your record "expunged", which essentially means "erased". Although it is possible to pursue sealing and expunction without a lawyer, I would strongly urge to obtain the services of competent counsel to assist you in this process. An additional advantage to sealing and expungement in Florida is that once you have received an order to seal or expunge, you are allowed, PURSUANT TO LAW, in many instances, to DENY the fact that you have ever been arrested. |