Florida Law

New Changes to Florida DUI Laws

A change to Florida's DUI suspension review will have a major impact on drivers charged with being under the influence. There’s now an option to avoid the automatic hard license suspension. But does this mean people are being coerced into waving away a very important right?

As Florida law stands, a driver who refuses to take a breathalyzer test, or who takes one and blows over a .08 receives an automatic suspension starting immediately, independent of the criminal case. This is an administration license suspension (ALS).

Florida Civil Rights Restoration Laws Disenfranchise Communities

The Current State of Civil Rights Restoration in Florida—An Unfair Divide?

On March 9th, 2011 the Florida Executive Clemency Board amended the rules allowing restoration of civil rights to ex-felons. Non-violent offenders now have to wait 5 years from the time their sentence is completed to apply for restoration of their rights to vote, sit on a jury, and hold public office. For violent offenders, the wait time is 7 years. At that time ex-offenders may apply to the Clemency Board to have their civil rights restored.

Do I have to wait a certain amount of time after my case is closed to begin the sealing or expungement process?

No.Many people think they have to wait a certain amount of time before they can seal or expunge a case. That is not correct. Once the case is closed and you are not under court supervision (house arrest, probation, etc.) you can immediately begin the  sealing or expungement process.

 

Can a civil or non-criminal case be sealed or expunged?

Yes. Florida law does allow the sealing of a civil case as long as the need for confidentiality is shown. In a recent case, I was contacted by a person who had 2 civil domestic violence injunctions cases that he wanted to seal because they were affecting his employment and personal life. In that case, both the person who filed the injunction and the person whom the injunction was against wanted the cases sealed. It certainly helped that the petition to seal both cases was a joint petition and unobjected to.