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Can a felony case be reopened after nole contedre and expunged?

Port Charlotte, FL |

Arrested for sale and possession of controlled substance took a ptd (adimitted guilty) and case was nole contedre and expunged. Facing immigration problems.
Can the case be reopened and the state attorney amend the ptd to no guilty?

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Attorney answers 3


By PTD, do you mean Pretrial Diversion and the case was dropped? Or did you plea nolo contendre (no contest) and get probation and a withhold of adjudication? Either way, the answer to your question is no.

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I agree with Counsel Cerino. No.

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First, if you got PTD, I guessing its sale of cannabis, otherwise, you owe your attorney one. A nolle prosequi would have been filed if you successfully completed PTD. You would not have to enter a nolo contendre plea if you were in PTD. Are you sure you didn't enter a plea and complete probation and receive a withhold of adjudication? If so, you would have to successfully withdraw your plea. Speak to a local attorney and discuss yourc case.

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