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Was charged with 3 control substances adjud. withheld, & successfully completed my probation. What will this mean 4 my record?

Titusville, FL |

I was charged with 3 controlled substance 3(F3) Felony 3rd degree, and a Petty Theif under 300, 1(M) Misdemeanor, not sure what degree that charge was, all back in July 2007. I spent a liittle over 24 hours in jail. Then I was sentenced 3 yrs. probation adjudication withheld, and time servered for the Petty Theft in Nov. 2007, and successfully completed probation in Nov. 2010, and had absolutely no VOP's,or dirty UA testing. I had nothing on my record before this or since this, except a few speeding tickets. What Am I eligible to do? Can the charges be, expunged, sealed, removed, or voting rights restored? And how do I apply for the things I am eligible for if any? Do I need to write the judge, or contact my public defender, or apply for some type of application and where do I get it?

Attorney Answers 4


  1. Best answer

    These are all great questions. If adjudication was withheld, you can seek to get your record sealed. The PD or the judge will not do this for you. It is a separate somewhat complicated procedure and lengthy. All of it unnecessarily so, but its the law. You can do it yourself if you are smart and have time or hire a lawyer. It probably would cost a little over a $1,000.00 in fees and costs. Ten years later you can go through the whole thing again seeking an expungement. It is still up to the judge as to whether your petition will be granted. Good luck!!


  2. If given a withhold of adjudication, then you currently have our full civil rights. They were never taken.

    You are eligible to have the case sealed.

    DO NOT write the judge. I would not call the PD. their mandate is to defend, not expunge, seal, early terminate, etc.

    I would contact a criminal defense attorney. We can assist you, and sealing is usually not that expensive.


  3. You are eligible to have your case sealed. You will need to complete the FDLE application. Please contact me if you would like to hire an attorney to assist you with the process.


  4. If adjudication was withheld on all of the charges and they all arose out of one incident, you would be eligible to request the record be sealed. The application for a certificate of eligibility is available at any of the clerk of courts in Brevard county, as well as online. Contact a local attorney to assist you in this process.

    This response does not create an attorney-client relationship. Unless you are already a client of Moser & Moser, P.A., pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Melissa Engle Peat, melissa@moserpa.com, 321-733-7303.

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