Understanding Criminal History as it relates to Carrying a Concealed Weapon

The criminal justice system can be complex, and it is crucial to understand the distinctions between being adjudicated guilty (convicted) and having adjudication withheld. Moreover, it's essential to be aware of the options available for sealing or expunging criminal records. In this blog post, we will explore the fundamentals of criminal convictions, discuss the differences between adjudication and withholding of adjudication, and delve into the options for sealing and expunging criminal records.

Criminal Convictions: An Overview
A criminal conviction occurs when a court of law finds a person guilty of a crime. This can happen through a guilty plea, a trial by jury, or a trial by a judge (also known as a bench trial). However, it is essential to note that entering a plea does not always result in a conviction. The judge may decide to withhold adjudication, which means the defendant is not formally convicted. Convictions carry legal consequences, such as fines, imprisonment, probation, or community service.

Adjudicated Guilty (Convicted) vs. Withhold of Adjudication
It's crucial to understand the difference between being adjudicated guilty (convicted) and having adjudication withheld when navigating the criminal justice system.

Adjudicated Guilty (Convicted): When a defendant enters a plea or is found guilty by a judge or jury, the court may adjudicate them guilty, meaning they have been legally convicted of the crime. This results in a permanent criminal record and may lead to the penalties discussed earlier.

Withhold of Adjudication: In some cases, even when a defendant pleads guilty or is found guilty, the court may decide to withhold adjudication of guilt. This means that the defendant is not formally convicted, and the case is typically resolved with alternative sanctions, such as probation or community service. While the individual may still face some consequences, a withhold of adjudication prevents the offense from appearing as a conviction on their criminal record.

Consequences of a Criminal Conviction and Withholding Adjudication
While both adjudicated guilty (convicted) and withhold of adjudication outcomes have consequences, the severity of these consequences can vary significantly.

Adjudicated Guilty (Convicted): A conviction can have significant and lasting effects on an individual's life, as detailed in the earlier section on the consequences of a criminal conviction.

  • CCW Concerns
    • Any Felony
    • Any Domestic Violence Crime
    • Any Misdemeanor Crime of Violence
    • Any Drug Offense

Withhold of Adjudication: Although the immediate consequences may be less severe, a withhold of adjudication can still impact an individual's life. For example, the offense may still appear on background checks and could affect employment opportunities, housing applications, and educational pursuits.

Sealing and Expunging Criminal Records
Individuals with criminal records, whether convicted or with adjudication withheld, may be eligible to have their records sealed or expunged, which can significantly improve their prospects for employment, housing, and education.

Record Sealing: Sealing a criminal record essentially makes it inaccessible to the public. Law enforcement agencies and certain government entities may still access the information, but most private entities, such as employers, will not be able to see the sealed record.

Record Expungement: Expunging a criminal record goes a step further than sealing – it effectively erases the record as if the offense never occurred. Once a record is expunged, the individual can legally claim they were never arrested or charged with the offense in most situations.

Both sealing and expunging criminal records can be complicated processes that require professional legal assistance. If you believe you may be eligible for record sealing or expungement, don't hesitate to contact Jeff Lotter. Their have the experience to help guide you through the process and improve your chances of successfully sealing or expunging your record.

Call to Action
Don't let a criminal record hold you back from living your best life. Reach out to Lotter Law today to explore your options for sealing or expunging your criminal record. Their dedicated team is ready to help you take control of your future. Contact them now to schedule a consultation.

Conclusion
Understanding the intricacies of the criminal justice system, including the differences between being adjudicated guilty (convicted) and having adjudication withheld, is crucial for navigating the legal process. By exploring these topics and the options for sealing and expunging records, we can better appreciate the role they play in maintaining law and order while providing avenues for individuals to move past their mistakes and lead productive lives.

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