In 06, I got Burglary-3rd degree felony b/c for entering property. Pled no contest & got prob. w/adjudication withheld.

Asked about 2 years ago - Orlando, FL

In 2006, I got into a verbal argument and during the alternation I entered the other party's property. I entered the man's private property to continue the argument, so I was/am guilty of battery--however, my access of his property elevated my charge from misdemeanor to felony. So I was charged with Burglary-Felony but my attorney told me if I pled 'no contest' I would only get probation, adjudication withheld, AND he would seal/expunge my record. I did get probation only BUT found out that in FL, a Burglary of 3rd degree cannot be sealed or expunged, although my attorney had said it could. Over the past 6 years, this charge had caused me to lose 2 jobs in spite of my "adjudication withheld" status.. Do I have a case against my attorney? Please advise.

Attorney answers (3)

  1. Mark H Randall

    Pro

    Contributor Level 15

    Answered . Probably not. The legislature keeps coming up with new laws affecting criminal justice. It is almost always to the defendant's detriment. This appears to be your situation.

  2. Amber Hill

    Pro

    Contributor Level 14

    Answered . Third degree burglaries are eligible to be sealed in Florida. Burglary of a dwelling is the only burglary charge that is exempt.

  3. Corey Ira Cohen

    Pro

    Contributor Level 15

    Answered . What type of burglary was it? Certain ones can be sealed. Normally collateral consequences are not something you can sue a lawyer for.

    For more information contact the Law Office of Corey Cohen at 407-246-0066 or visit our website at www.coreycohen.com

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