QUESTION
How do I appeal a denial for order to seal?
Asked on Nov 18th, 2015 on Criminal Law - Florida
More details to this question:
Greetings. Four years ago I was arrested and charged with petty theft by a former employer. I plead no contest and adjudication was withheld. The courts order me to pay restitution of less than $100. I was considered eligible by the Florida department of law enforcement to have my records sealed, however the Assistant State Attorney objected stating: "The State of Florida objects to this petitioner/defendant?s record being sealed based on the particular facts and circumstances of this case. It is the state's position that the public interest in knowing about this case outweighs the petitioner's interest in sealing her record." I do not know where to go from here. I want to appeal because this mistake from my past is hindering my current life circumstances. I want to show the courts that I am worthy of a fresh start and that having this on my record is preventing that but I have no idea what or how to do that. Please help.
1 ANSWER
1 Award
You have only a 30-day period within which to appeal the court's order denying your petition. Also, even though adjudication was withheld on the petty theft charge, if you have ever been convicted (i.e., been adjudicated on any offense) you are not eligible to have any criminal record sealed in Florida. If you still are within the 30-day period, you may file a Notice of Appeal with the Clerk of Court in the county where your petition was denied. You must pay a filing fee at the same time. After that, you will need to file certain pleadings set forth in the rules and statutes.
Answered on Nov 19th, 2015 at 8:30 AM