Q: I was arrested in FL 15 yrs ago and elected Deferred adjudication. Can I get this removed from my record? I live in TX.
It was a misdemeanor, retail theft under 100. I have nothing else on my record in any state.
A: To adequately answer this question I would need additional information. There is no concept called deferred adjudication in Florida. Florida does have what is called a Withhold of Adjudication when the judge does not formally adjudicate a defendant guilty. Although it does result in a defendant being sentenced, they are not technically found guilty and can truthfully answer "NO" to the question have you ever been convicted of a crime. I have to assume that this is what you are referring to when you ask if such a thing can be removed from your record. The law allows a petty theft to be Sealed if adjudication was withheld and the person has no other criminal record. A person is only permitted to seek to have an offense Expunged if the case was dismissed or dropped by the State or by the judge. Applications to do either can be found on the FDLE website but I would suggest consulting with an attorney in the county where the offense was charged.
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