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My 19 yr old daughter pleaded gulity to petit theft. Can I get a motion to get it witheld from the judge? Any help please

Orlando, FL |

Went to courthouse with hopes to get it expunged but it is adjuicated guilty. I need sone help to get this taken care if . It is almost a yr ago this happened and she can't get a job. Any help on what to do next would be helpful. I'm a single mom trying to get her back on track

Attorney Answers 5


  1. Although you are a loving and caring parent, your daughter is an adult. She needs to handle this herself.


  2. If the expungement laws are the same as in Minnesota (and I don't know if they are), an expungement petition can be commenced, BUT an adjuciated conviction can only be expunged if the judge agrees (and he may not). Another course of action is to get an attorney to bring a motion to withdraw the plea of guilty in the case. This is also difficult and at the discretion of the Court, but if successful, the plea goes away. Now once that occurs your daughter can fight the charge (and if she wins - nothing on her record), or a plea bargain could be reached to continue the case for dismissal (on conditions), or some other resolution which could keep the conviction from going on her record. It's a difficult process because the case was already adjudicated, but not impossible. Contact an attorney on her behalf.


  3. Contact a local FL criminal attorney - many do not charge for an initial consultation. They should be able to assist your daughter with this matter. The know the court system in their area & how to procede. Good luck

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  4. It is unusual to be adjudicated guilty on a first offense so I would want to know more about her record and the judge. If this were in Orange or Seminole County then call my office and I will look her case up on the clerk's website and discuss your options.

    www.BryceFetter.com


  5. In Florida, you cannot get your record sealed if you have an adjudication on your record- either for the offense where you seek sealing or for any other criminal offense. This is a situation where you need to consult with an attorney about your options for reopening the case and asking for adjudication to be withheld. If your daughter has other criminal offenses, that will have an impact on her eligibility for sealing.

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