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.

Blogs

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 seal a grand theft or petit/petty theft charge or arrest?

By smradmin

The answer is yes as long as meet the statutory criteria for sealing or expunging. Grand theft and petit or petty theft charges are among the most common offenses sealed and expunged in Florida. In order to seal or expunge this type of case you must meet the following criteria:

 

1. You can't have been convicted (adjudicated guilty) of the charge you wish to seal or expunge. If you took a plea you needed to have received a withhold of adjudication.

2. You can't have been convicted of any criminal charge, anywhere, ever.

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

By smradmin

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?

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

By smradmin

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


Law Offices of
Michelle Paredes, 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!