Can I re-open an old case once I have been convicted?

Florida law does provide a mechanism to to "vacate" or "set aside" a conviction once the case is closed but it subject to some strict requirements.

Is it possible to receive a withhold of adjudication in Florida for a DUI charge?

The answer is no. Florida statute 316.656 specifically states that a judge may NOT withhold adjudication for any violation of Florida statute 316.193 (DUI statute). Therefore, if you take a plea to a DUI charge or are found guilty by a judge or jury for a DUI charge you will be automatically adjudicated guilty (convicted). The judge does not have discretion to withhold adjudication.

If you are found not guilty of DUI after a trial then you can seal the case.

Is a common pocket knife considered a "weapon" in Florida?

Under Florida's definition of what is considered a "weapon", a "common pocket knife" is listed as an exception so a "common pocket knife" is NOT a concealed weapon.

Florida statute 790.001 subsection (13) defines the word weapon as follows:

DOES YOUR FIRM OFFER A PAYMENT PLAN FOR RECORD SEALING AND EXPUNGEMENT SERVICES?

Due to the economy downturn of a few years ago, our firm has lowered our fees and are now offering a payment plan to our clients. In most cases we can offer complete seal and expunge services for only $495.00. This $495.00 fee includes all attorney’s fees, costs for certified copies, state fees, and court costs associated with the sealing or expungement of your case. Most final hearings are heard over the phone or done on paper. Read More

CAN YOU SEAL OR EXPUNGE A FLORIDA RECORD FROM ANOTHER STATE?

CAN YOU SEAL OR EXPUNGE A FLORIDA RECORD FROM ANOTHER STATE? This question from an interested client can be interpreted in 2 different ways.

Will Casey Anthony be able to seal or expunge her record?

Wow. What a verdict on the Casey Anthony case. We here at Sealmyrecord.com are astounded as everyone else. As you all know by know, Casey Anthony was found not guilty on the first degree murder charge, the aggravated child abuse charge, and the manslaughter of a child charge. She was found guilty of 4 misdemeanor counts of providing false information to police. The judge sentenced her to the maximum time for each charge, but when you include the time she has been in custody awaiting trial, she will be out by July 13th, 2011.

Can A Judge Suspend My Driver’s License If I am Convicted of Possession of Marijuana, Cocaine, or a controlled substance?

Under Florida law (Florida Statute 322.055) a judge is obligated to direct the Florida Department of Highway Safety and Motor Vehicles (“the department”) to suspend the driver’s license of a person who has been convicted (adjudicated guilty) of possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance. The suspension period is two (2) years. The most common controlled substance violation that people are charged with are marijuana, cocaine, and prescription medication possession. Read More

Sealing or Expungement After Getting A Pardon in Florida

If I Get a Pardon Can I Seal or Expunge my Case? In order to expunge or seal a case, a person must first apply for and obtain a “certificate of eligibility” from the Fla. Dept. of Law Enforcement.

Sealing or Expungement of Theft Charges in Florida

Any type of theft charge can be sealed or expunged in Florida as long as you meet the statutory criteria for sealing and expungement. The basic criteria to seal or expunge a theft case are:

Can I Seal or Expunge My Case While On Probation?

There are various requirements that have to be met in order for a person to be eligible to seal or expunge. One of those requirements is that the person can’t be under court supervision. There are various types of court supervision. For example, house arrest, work release, community control, and probation.