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expunging a misdemeanor Criminal Records, Expungement

Discussion in 'Criminal Records, Expungement' started by estrawn2, Jul 3, 2003.

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  1. estrawn2

    estrawn2 Law Topic Starter New Member

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    Does anyone know how to get a misdemeanor expunged in the state of Florida?
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    My understanding is that an expungement requires that your case must have been either dropped or dismissed to consider such a request. Otherwise you might be looking at sealing the record.

    If you were arrested and either (a) ultimately pled guilty or no contest; AND (b) had adjudication of guilt "withheld" then it is possible to have your record sealed. Sealing criminal history involves two stages (1) adjudication of guilt must have been "withheld", and (2) the offense must qualify for sealing.

    Eligibility sealing or expungement of records will vary from state to state. Generally, the procedure is as follows:
    • Written application to seal record filed with Court
    • Original sentence must have been served
    • Applicant is facing no new charges
    • Note: The applicant faces the burden to prove that any probation requirements have been fulfilled
    Additional Requirements to Seal or Expunge Records:
    • Most felonies not eligible for expungement
    • Most sex offenses not eligible for sealing
    • Sealing typically applicable to juvenile offenses and or misdemeanors
    • If acquitted (found "not guilty" after trial) you can automatically have records sealed
    • Some states permit a prior sealed conviction to be used in sentencing for repeat offenses
     

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