Hello, I wrote a check in december, it bounced, and i procrastinated about taking care of it. I didnt know there was a warrant. I was arrested yesterday, bonded out, and am waiting for a court date. Because it was over 150.00, it's a felony. No matter the outcome, I will eventually try to get it expunged.
From looking at the statutes, I think if i'm found "guilty", I cant get it expunged, whereas if theres "adjudication withheld", i would be able to expunge it. Can I ask a judge to withhold adjutication? Thanks very much.
2 Answers from Attorneys
If adjudication is withheld then you can get it sealed (but not expunged). You can ask but it would be better if you had representation. Your future could depend on what happens with this charge so don't mess around and try to do this yourself. Even if you can't afford an attorney, you should get a public defender to help you.
You can only expunge the record if the charges against you are eventually dropped. If you receive a withholding of adjudication, then you would be able to seal the record, assuming you meet all other eligibility requirements.
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