Florida Expungements Legal Questions

Your criminal record can be sealed and then eventually expunged with a withhold of adjudication. To qualify for this in Florida you cannot have a prior adjudication of guilt as an adult, or have been previously adjudicated delinquent as a minor. If you have been adjudicated delinquent or guilty in a prior criminal case you are not eligible to clear your Florida criminal history.  In the case of a withhold of adjudication, to seek eventual expungement you must first have your criminal record sealed, all the necessary documents can be acquired through the Florida Department of Law Enforcement (FDLE). Once your charge(s) is sealed for 10 years you can then seek expungement of the charge(s).  In Florida you can only seek expunction once.  You are best served hiring an attorney to collect and complete all the necessary paperwork and make the proper motions to be heard in court.... Read More

It will be about $650, including costs. A finger print card will have to be done through the local police and a records check would be done by the FDLE. Then, upon receipt of the Certificate of Eligibility (issued by FDLE), I file a Petition with the court and if everything is in order, the court signs the expunction and it is forwarded to FDLE who purges the record.  There are limits as to which record can be expunged, but they won't apply to a petty theft charge. Call us if we can help.... Read More

You can only have your record sealed or expunged in the State of Florida if you 1) were not convicted of the crime 2) never had a prior sealing or expunction and 3) have never been convicted of a crime. Even a traffic criminal conviction can prevent you from having a record sealed or expunged. Allen Geesey, Esq., (561) 687-7236, SusnarGeeseyLaw.com... Read More

I do not know why the State Attorney's office is not responding properly.  It may be faster to have your record sealed since you do not need prior action the the State Attorney's Office.  You can just submit your application to FDLE and then notice the State once you have your certificate of eligibility.  I usually recommend sealing rather than expunging a record anyways. Allen Geesey, Esq., (561) 687-7236, AGeesey@aol.com, SusnarGeeseyLaw.com... Read More

Simply having the charges dropped does not seal your record.  The arrest record remains there until you petition the court to have your record sealed or expunged.  Once a record is sealed or expunged you are allowed to deny having ever been arrested.  There are exceptions to the rule.  You must still disclosed a sealed or expunged record if you are a defendant in a future criminal proceeding, if you are applying for a job with law enforcement, if you are applying for membership in the Florida Bar or if you are applying to be licensed to work with children, the handicapped or the elderly.  Law Enforcement and the Federal Government always know about sealed and expunged records.  Also, in this day and age of the Internet, once an arrest takes place the facts of that arrest may remain somewhere in the Internet even if you get your record sealed. Petitioning to seal your record will put you in the best position possible.  Any formal background check will not show the arrest after the record is sealed.  All good jobs and even rental apartments conduct background checks these days, so I recommend you have your record sealed. Allen Geesey, Esq., (561) 687-7236, AGeesey@aol.com, SusnarGeeseyLaw.com... Read More

I have sealed many records for clients who live out of state.  The paperwork can be completed through the mail and an attorney can go to court for you without you being present. Call me and I will be happy to explain how this can be done. Allen Geesey, Esq., (561) 687-7236, AGeesey@aol.com, SusnarGeeseyLaw.com... Read More

A criminal defense attorney should be able to assist you in getting your record sealed.  It is important to have an arrest history sealed because everyone is doing a background check these days, even to rent an apartment.  I need to speak with you to give a price quote.  Please call me and I will be happy to assist you.  It can be done without you ever appearing in court. Allen Geesey, Esq., (561) 687 7236, AGeesey@aol.com  ... Read More

You can petition the court to have your record sealed one time in the State of Florida if you were not convicted of the crime and have never been convicted of a crime.  It takes several months to have your record sealed.  Call me if you want any assistance. Allen Geesey, Esq., (561) 687 7236, AGeesey@aol.com, SusnarGeeseyLaw.com... Read More

You probably can't sue based on the facts you've indicated, but there may be more to it. Generally the police do not need to read you your rights simply because you are being arrested. In your situation, it sounds like they handcuffed you and were questioning you about fleeing, in which case you would have to have your rights read to you since that was a custodial interrogation. You definitely need a lawyer and it sounds like you have some various possible motions to suppress, both for the stop and for the interrogation. You should hire a private lawyer if you can because they will be able to provide more personal time and attention on your case. In all likelihood you will not be drug tested in court.... Read More

A person can have one criminal record sealed or expunged in the State of Florida.  To have a record sealed or expunged, you must petition the court to have the record sealed or expunged, even if you were acquitted or if the charges were dropped.  You can have one arrest record seal or expunged in your lifetime, and only if you were not convicted of the crime and have never been convicted of a crime.  I had one client who tried to have their record sealed and it was denied due to a DUI conviction 20 years ago in California. To have your record sealed or expunged you must first obtain a "Certificate of Eligibility" from the Florida Department Of Law Enforcement.  You must file an affidavit and submit a set of fingerprints along with a certified copy of the final disposition showing that the charges were dropped (or that you received a withhold of adjudication). Once you receive the certificate of eligibility you can file a petition to seal or expunge your record after giving 30 days notice to the arresting agency, FDLE and the State Attorney's Office. Once your record is sealed or expunged, the information will be removed from all official public records.  The Federal Government and Law Enforcement keep a confidential record, but the public record is removed.  A sealed or expunged record must still be disclosed if you are a defendant in a future criminal proceeding, if you are applying for a position with law enforcement, if you are applying for membership in the Florida Bar or if you are applying to be licensed to work with children, the handicapped or the elderly. In this day and age with the internet, even if you have your record sealed or expunged, the record may still come up on websites like mugshots.com or in newspaper articles about the case.  Having your records sealed or expunged will put you in the best position possible, but may not completely remove the history from all locations on the internet. Allen Geesey, Esq., 561 687 7236, AGeesey@aol.com or see SusnarGeeseyLaw.com... Read More

Ms. Rogers, There is a possibility that you could seal this record so long as certain factors are met, no prior criminal conviction or a conviction on this case.  Also, you have not done this process on another case.  This would not qualify as an expungement since you entered a plea of nolo contendre, only cases that were dismissed by the State or found Not Guilty for case can be expunged. Florida Statute 443.071(1) deal with the penalties of unemployment compensation.  However, I would need more information about your case. I would like to speak with you further in this matter and if you need asssitance please do not hesitate to contact my firm. Best Regards, Richard... Read More

No, any crime can be reported to the appropriate law enforcement agency by anyone with knowledge, regardless of where they live. Of course there is no requirement that a parent of a child who has had sex with someone too old be the one to report it. Ultimately the State won't be able to prove it without the cooperation of the child or the admissions of the defendant, unless someone else saw them having sex. The parent usually doesn't have personal knowledge to testify at the trial.... Read More

No, the time for plea-bargaining was back when you were charged with felony theft. If you had an attorney represent you, the attorney should have gotten you the best deal that was possible, which in some situations means you can get a felony charge plea-bargained down to a misdemeanor. If you were not represented by an attorney, it's possible to withdraw your guilty plea, but only if a very short period of time has passed since the conviction, such as 3 to 6 months. At this point, since several years have passed, there is no way to go back and withdraw your guilty plea and try to re-negotiate a better deal with the prosecutor.... Read More

There are very specific rules that apply to sealing or expunging criminal offenses from your record.  You have not given enough information for anyone to determine whether you qualify.  You should speak to an experienced criminal defense attorney.  After they interview you and get all the details, he/she will be able to give you a good opinion on whether you qualify.  If this occurred in Lee, Hendry, Charlotte, Desoto, Sarasota, Manatee, Pinellas or Hillsborough counties, you can call my office and I will be happy to discuss it with you.... Read More

If you received a withhold of adjudication on these offenses, and you have no other misdemeanor or felony convictions at any point in the past, you may qualifiy to get your records sealed.  This may help you qualify for the military.  You should speak with an experience criminal defense attorney about the issue.  If this occurred in Lee, Hendry, Charlotte, Desoto, Sarasota or Manatee counties, you can call my office and I will be happy to discuss it with you.... Read More

If your charges were completely dismissed and you have no prior criminal history, you should qualify for an expungement. This is a one in a life time opportunity in Florida, and you can only do it, if the charges were completely dropped. I would suggest you get an attorney in Arcadia, FL to help you with this and make sure the outcome of the case was drop of all charges.  ... Read More

Usually the terms are interchangeable, i.e. sealing or expunging is the same thing.  However, I do not know if Florida has different processes.  You should contact an attorney in Florida to inquire further.   Simon W. Johnson swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale Avvo Justia LawGuru LinkedIn Twitter Facebook Serving Cleveland and Ohio, 44124 ... Read More

Some states do not allow violent offenses to be expunged.  This may or may not include a DV conviction depending on the state.  You should consult an attorney licensed in Florida on the specifics.  It may be possible but may also require a lot more legal work as opposed to the basic, streamlined process for expunging non-violent offenses.   Simon W. Johnson swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia, LawGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read More