Sealing and Expunging Criminal Arrest Records Statewide In Florida

Seal or Expunge Law Firm

Attorney blog on criminal record sealing, record expungement, Florida Law and cases of interest.

Florida Law

Does a criminal record in Florida go away after 7 years?

By smradmin

I get alot of calls regarding this "7" year magic number. This is a myth. If you have a criminal record it does not go away automatically after 7 (seven) years whether you were convicted or not.

 

If you have been convicted (adjudicated guilty) of a crime, it will never go away. A conviction for (misdemeanor or felony) will follow you for the rest of your life or/if the law changes. Also, if convicted for any criminal offense, you will not qualify to seal or expunge any other case.

 

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Can a judge deny my petition to seal or expunge if I was convicted for a crime after the one I am seeking to seal or expunge?

By smradmin

I received this question from a potential client in 2011. The court denied his petition to expunge a case.

 

FACTS: 

He was arrested for petit theft in 2005 and the charges were dropped. In 2007 he was arrested for DUI and he ended up being found guilty after a jury trial. He wanted to expunge the petit theft from 2005 which was dropped before the conviction for the DUI. The question is whether a person can seal or expunge a case that they were not convicted for if that case happened before another case for which they were convicted?

 

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Can I be turned down by a judge for a sealing or an expungement in Florida even if I legally qualify?

By smradmin

The short answer is yes. To legally qualify for a sealing or expungement essentially means that the FDLE has reviewed your application to seal or expunge, approved it, and granted you a CERTIFICATE OF ELIGIBILITY. Having the FDLE issue a certificate of eligibility is typically the biggest hurdle a person faces when sealing or expunging a case in Florida. In 99.5% of the cases if the person obtains a certificate of eligibility, a judge will grant the petition to seal or expunge.

 

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Where can you NOT carry a concealed weapon with a Florida Concealed Weapons permit?

By smradmin

Ok...so you have a concealed weapons permit. Where can you NOT carry a concealed weapon? Pursuant to Florida statute 790.06(12) you cannot carry in the in the following situations/places even if you have a concealed weapons permit:

 

1. Any place of nuisance as defined by Florida statute 823.05; (basically a place which conducts any illegal activity, i.e, illegal gambling, prostitution, etc.)

2. Any police, sheriff, or highway patrol station;

3. Any detention facility, prison, or jail;

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How long do you have to wait after the case is over to seal or expunge?

By smradmin

Many people think that they have to wait a certain amount of time after a case is closed before they can seal or epxunge. That is not true. As long as you meet the statutory criteria for sealing or expungement you can begin the process as soon as the case is closed or as soon as you are off court supervision.

 

It is best not to wait to seal or expunge your case. The longer the case is out there in the public domain the more likely that your information will be circulated through the web or public databases.

 

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

By smradmin

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.

 

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

By smradmin

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.

 

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

By smradmin

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:

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

By smradmin

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

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

By smradmin

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.

 

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Law Offices of
NICOLAS BABINSKY, Esq.

Mailing Address:

PO Box 144276
Coral Gables, FL 33114
Tel: 305-910-4590

We May Be Able To Help With Other Arrest Issues!

Were you the victim of excessive force By Police? Were you falsely arrested and then the charges were dropped? Email us at SealMyRecord@Gmail.Com and tell us about it. You may be entitled to monetary compensation!