felnoy or misdemeanor charge?

[mahermich]

florida

Twenty years ago i was charged with possession of cocaine. I was sentenced to 1yr
probation. I voliated my probation and was then sentenced to one year in the county
jail (I spent 4 mo in jail) after time served probation followed for 6 mo. Was this possession charge a felony or misdemeanor? I was young and had less than a quarter
gram!!!! this is the only charge i have and it was 20 yrs ago. Since my time in jail i'd
never touch cocaine and/or any drug for that matter. Do i really have to live with this simple mistake of 20 yrs ago? I want to become a certified process server and cant have a felony chg on my record can it be expunged or sealed? how can i tell if it was a felony or misdemeanor charge?

 

[garrula lingua]

I don't know of any state wherein possession of cocaine (once criminalized) is/was a misdemeanor.
In my experience, it has always been a felony.

 

[mahermich]

thank you but could it be expundged or sealed? if not the florida statutes say one of the requirements to become a certified process server you must provide a criminial
backround report that reflects;

 

[garrula lingua]

I would start here, with the FBI, to see what exactly was I convicted of and the level:
http://www.fbi.gov/hq/cjisd/fprequest.htm

Get a copy of your record & see what's there.
The Prosecutor may have reduced the original charge.

Then see what your options are.

 

[mahermich]

i got a report and it says im charged with construtive possession of cocaine!!!
it also says adjudification withheld flag. what is flag supposed to mean?

 

[garrula lingua]

Well, adjudication withheld means the court was doing a diversion program - you failed that.

It does appear that you have a felony conviction, and I don't believe it can be expunged in Florida (adjudication withheld could be expunged, as there would be no conviction, but there was a conviction in your case).

Check with a local (where the offense occurred) criminal attorney to see if you can, at least, get your record sealed.

Or, ask the process server class-giver (or the Fla State Dept in charge of licensing process servers) if sealing the record would make any difference.

 

[mahermich]

Hello again, everything you've told me has been correct. thanks and please tell me how you take this florida satatue regarding process servers it states:


applicant can't have any kind of felony, NOR a misdemeanor within the last 5
years upon summiting the application for certifation of process server.


so thats what it states using the word nor. How do you understand it?
I think it says no felony or misdemeanor with 5 years of applying. Is this how you see it?
and therefore i wouldn't have to worry about it. plse write back thanks

 

[mahermich]

i ment submiting application!!