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Florida Question on Adjudication Withheld and expunging my record Criminal Records, Expungement

Discussion in 'Criminal Records, Expungement' started by Writers_Delight, May 22, 2007.

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  1. Writers_Delight

    Writers_Delight Law Topic Starter New Member

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    What is the name of your state? Florida

    Hello from Florida and thank you for your time and consideration in advance. Although I have moderate legal knowledge, I wanted to request your professional opinion for a detailed understanding and to better educate myself before I seek legal aid. I have a question concerning the topic of "adjudication withheld" and the possibility of expunging or sealing my record. I have heard from sources and briefly read on this forum about waiting a period of time, and paying as much as (ball park) $2,500 to expunge a felony charge.
    My questions are as follows:

    1. Approximately how long I should wait to request expunging of my record- and do I have to wait until I am completely off probation? (5 years)

    2. What does expunging or sealing my records really mean exactly?

    3. Does the $2,500 (or however it may actually be) cover the cost of each or ALL felonies?

    4. Is there a way of eventually expunging my misdemeanor charges?

    In order to give you a better understanding of the nature of my charges, I have no choice to post them on here. All charges listed occured in one single case. I share these charges in search of education and that being professionals you will spare me the sarcasm or ridicule I may have witnessed by few members on another law forum before. Please give me only legal advice that is all I request for I have paid my penance and I do not need the moral criticism for it wont help me. Thank you for your time.

    (1)Burglary of a structure
    (7) Criminal mischief ($1,000 or more)
    (9) Criminal mischief (above $200)
    (5) Trespass on property other than a structure or conveyance
    (8) Criminal mischief (less then $200)
     
  2. Writers_Delight

    Writers_Delight Law Topic Starter New Member

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    Thank you for taking the time to read my post, after 3 months i was wondering if anyone can give me any insight to my current situation?
     
  3. mafioso

    mafioso New Member

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    If you are eligible for expunging or sealing your record, you have to wait until you complete your probation. You would need to apply for a certificate of eligibility for expunction or sealing. If you don’t qualify for expunction, then sealing could be your best bet. I am not very familiar with Florida law but I think expunction would not be possible for certain charges in your case.

    You would see the meaning of expunction and sealing in my post below. Read it carefully and all your questions would be answers about each remedy…….who it seals your record from, or what exactly expunction does. Expunction pretty much makes the incident like it never happened. Read the pasted potion below. Sealed blocks it from any civilian so you can move on and get a job….only law enforcement would know but would never share it unless under the conditions listed below.

    Cost of expunction would depend on your lawyer and if all charges where as a result of a single arrest as is in your case. Legal fees to attorneys are negotiable but the actual fees to the state are not and can be seen below.

    If you have expugnable misdemeanors then they would be expunged.
    I think your primary concern should be to start the process of applying for an eligibility certificate for expunging or sealing your record. That process alone would determine which of your charges can be expunged or sealed. There is no one size fits all in your case since there are multiple charges. Cases like yours are done on a case by case bases. You need a lawyer to help you. Some of your charges seem like they can be expunged and others seem like the best could be sealing. So only when you get your certificate of eligibility can you now file for expunging or sealing your record? All your charges would qualify as a single “offense”. So you would be okay as to the question of eligibility……since not eligible if you have multiple offenses at different times.
     
  4. mafioso

    mafioso New Member

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    I would post Florida law here which would help you..........It would take a few post due to limits on number of characters. It would be posted in order. So each post follows the order.....
    READ>>>>>>>>>>>>>>>………………….
    Quoting Florida Statutes Section 943.0585 Court-ordered expunction of criminal history records.
    ________________________________________
    The courts of this state have jurisdiction over their own procedures, including the maintenance, expunction, and correction of judicial records containing criminal history information to the extent such procedures are not inconsistent with the conditions, responsibilities, and duties established by this section. Any court of competent jurisdiction may order a criminal justice agency to expunge the criminal history record of a minor or an adult who complies with the requirements of this section. The court shall not order a criminal justice agency to expunge a criminal history record until the person seeking to expunge a criminal history record has applied for and received a certificate of eligibility for expunction pursuant to subsection (2). A criminal history record that relates to a violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 916.1075, or a violation enumerated in s. 907.041 may not be expunged, without regard to whether adjudication was withheld, if the defendant was found guilty of or pled guilty or nolo contendere to the offense, or if the defendant, as a minor, was found to have committed, or pled guilty or nolo contendere to committing, the offense as a delinquent act. The court may only order expunction of a criminal history record pertaining to one arrest or one incident of alleged criminal activity, except as provided in this section. The court may, at its sole discretion, order the expunction of a criminal history record pertaining to more than one arrest if the additional arrests directly relate to the original arrest. If the court intends to order the expunction of records pertaining to such additional arrests, such intent must be specified in the order. A criminal justice agency may not expunge any record pertaining to such additional arrests if the order to expunge does not articulate the intention of the court to expunge a record pertaining to more than one arrest. This section does not prevent the court from ordering the expunction of only a portion of a criminal history record pertaining to one arrest or one incident of alleged criminal activity. Notwithstanding any law to the contrary, a criminal justice agency may comply with laws, court orders, and official requests of other jurisdictions relating to expunction, correction, or confidential handling of criminal history records or information derived therefrom. This section does not confer any right to the expunction of any criminal history record, and any request for expunction of a criminal history record may be denied at the sole discretion of the court.

    (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each petition to a court to expunge a criminal history record is complete only when accompanied by:

    (a) A certificate of eligibility for expunction issued by the department pursuant to subsection (2).

    (b) The petitioner's sworn statement attesting that the petitioner:

    1. Has never, prior to the date on which the petition is filed, been adjudicated guilty of a criminal offense or comparable ordinance violation or adjudicated delinquent for committing a felony or a misdemeanor specified in s. 943.051(3)(b).

    2. Has not been adjudicated guilty of, or adjudicated delinquent for committing, any of the acts stemming from the arrest or alleged criminal activity to which the petition pertains.

    3. Has never secured a prior sealing or expunction of a criminal history record under this section, former s. 893.14, former s. 901.33, or former s. 943.058, or from any jurisdiction outside the state.

    4. Is eligible for such an expunction to the best of his or her knowledge or belief and does not have any other petition to expunge or any petition to seal pending before any court.

    Any person who knowingly provides false information on such sworn statement to the court commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to petitioning the court to expunge a criminal history record, a person seeking to expunge a criminal history record shall apply to the department for a certificate of eligibility for expunction. The department shall, by rule adopted pursuant to chapter 120, establish procedures pertaining to the application for and issuance of certificates of eligibility for expunction. The department shall issue a certificate of eligibility for expunction to a person who is the subject of a criminal history record if that person:

    (a) Has obtained, and submitted to the department, a written, certified statement from the appropriate state attorney or statewide prosecutor which indicates:

    1. That an indictment, information, or other charging document was not filed or issued in the case.

    2. That an indictment, information, or other charging document, if filed or issued in the case, was dismissed or nolle prosequi by the state attorney or statewide prosecutor, or was dismissed by a court of competent jurisdiction.

    3. That the criminal history record does not relate to a violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 916.1075, or a violation enumerated in s. 907.041, where the defendant was found guilty of, or pled guilty or nolo contendere to any such offense, or that the defendant, as a minor, was found to have committed, or pled guilty or nolo contendere to committing, such an offense as a delinquent act, without regard to whether adjudication was withheld.

    (b) Remits a $75 processing fee to the department for placement in the Department of Law Enforcement Operating Trust Fund, unless such fee is waived by the executive director.

    (c) Has submitted to the department a certified copy of the disposition of the charge to which the petition to expunge pertains.

    (d) Has never, prior to the date on which the application for a certificate of eligibility is filed, been adjudicated guilty of a criminal offense or comparable ordinance violation or adjudicated delinquent for committing a felony or a misdemeanor specified in s. 943.051(3)(b).

    (e) Has not been adjudicated guilty of, or adjudicated delinquent for committing, any of the acts stemming from the arrest or alleged criminal activity to which the petition to expunge pertains.

    (f) Has never secured a prior sealing or expunction of a criminal history record under this section, former s. 893.14, former s. 901.33, or former s. 943.058.

    (g) Is no longer under court supervision applicable to the disposition of the arrest or alleged criminal activity to which the petition to expunge pertains.
     
  5. mafioso

    mafioso New Member

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    (h) Is not required to wait a minimum of 10 years prior to being eligible for an expunction of such records because all charges related to the arrest or criminal activity to which the petition to expunge pertains were dismissed prior to trial, adjudication, or the withholding of adjudication. Otherwise, such criminal history record must be sealed under this section, former s. 893.14, former s. 901.33, or former s. 943.058 for at least 10 years before such record is eligible for expunction.

    (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--

    (a) In judicial proceedings under this section, a copy of the completed petition to expunge shall be served upon the appropriate state attorney or the statewide prosecutor and upon the arresting agency; however, it is not necessary to make any agency other than the state a party. The appropriate state attorney or the statewide prosecutor and the arresting agency may respond to the court regarding the completed petition to expunge.

    (b) If relief is granted by the court, the clerk of the court shall certify copies of the order to the appropriate state attorney or the statewide prosecutor and the arresting agency. The arresting agency is responsible for forwarding the order to any other agency to which the arresting agency disseminated the criminal history record information to which the order pertains. The department shall forward the order to expunge to the Federal Bureau of Investigation. The clerk of the court shall certify a copy of the order to any other agency which the records of the court reflect has received the criminal history record from the court.

    (c) For an order to expunge entered by a court prior to July 1, 1992, the department shall notify the appropriate state attorney or statewide prosecutor of an order to expunge which is contrary to law because the person who is the subject of the record has previously been convicted of a crime or comparable ordinance violation or has had a prior criminal history record sealed or expunged. Upon receipt of such notice, the appropriate state attorney or statewide prosecutor shall take action, within 60 days, to correct the record and petition the court to void the order to expunge. The department shall seal the record until such time as the order is voided by the court.

    (d) On or after July 1, 1992, the department or any other criminal justice agency is not required to act on an order to expunge entered by a court when such order does not comply with the requirements of this section. Upon receipt of such an order, the department must notify the issuing court, the appropriate state attorney or statewide prosecutor, the petitioner or the petitioner's attorney, and the arresting agency of the reason for noncompliance. The appropriate state attorney or statewide prosecutor shall take action within 60 days to correct the record and petition the court to void the order. No cause of action, including contempt of court, shall arise against any criminal justice agency for failure to comply with an order to expunge when the petitioner for such order failed to obtain the certificate of eligibility as required by this section or such order does not otherwise comply with the requirements of this section.

    (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any criminal history record of a minor or an adult which is ordered expunged by a court of competent jurisdiction pursuant to this section must be physically destroyed or obliterated by any criminal justice agency having custody of such record; except that any criminal history record in the custody of the department must be retained in all cases. A criminal history record ordered expunged that is retained by the department is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and not available to any person or entity except upon order of a court of competent jurisdiction. A criminal justice agency may retain a notation indicating compliance with an order to expunge.

    (a) The person who is the subject of a criminal history record that is expunged under this section or under other provisions of law, including former s. 893.14, former s. 901.33, and former s. 943.058, may lawfully deny or fail to acknowledge the arrests covered by the expunged record, except when the subject of the record:

    1. Is a candidate for employment with a criminal justice agency;

    2. Is a defendant in a criminal prosecution;

    3. Concurrently or subsequently petitions for relief under this section or s. 943.059;

    4. Is a candidate for admission to The Florida Bar;

    5. Is seeking to be employed or licensed by or to contract with the Department of Children and Family Services or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly as provided in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s. 916.106(10) and (13), s. 985.407, or chapter 400; or

    6. Is seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities.

    (b) Subject to the exceptions in paragraph (a), a person who has been granted an expunction under this section, former s. 893.14, former s. 901.33, or former s. 943.058 may not be held under any provision of law of this state to commit perjury or to be otherwise liable for giving a false statement by reason of such person's failure to recite or acknowledge an expunged criminal history record.
     
  6. mafioso

    mafioso New Member

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    (c) Information relating to the existence of an expunged criminal history record which is provided in accordance with paragraph (a) is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except that the department shall disclose the existence of a criminal history record ordered expunged to the entities set forth in subparagraphs (a)1., 4., 5., and 6. for their respective licensing and employment purposes, and to criminal justice agencies for their respective criminal justice purposes. It is unlawful for any employee of an entity set forth in subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6. to disclose information relating to the existence of an expunged criminal history record of a person seeking employment or licensure with such entity or contractor, except to the person to whom the criminal history record relates or to persons having direct responsibility for employment or licensure decisions. Any person who violates this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

    (5) STATUTORY REFERENCES.--Any reference to any other chapter, section, or subdivision of the Florida Statutes in this section constitutes a general reference under the doctrine of incorporation by reference.
    Quote:
     
  7. mafioso

    mafioso New Member

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    Quoting Florida Statutes Section 43.059 - Court-ordered sealing of criminal history records.
    ________________________________________
    The courts of this state shall continue to have jurisdiction over their own procedures, including the maintenance, sealing, and correction of judicial records containing criminal history information to the extent such procedures are not inconsistent with the conditions, responsibilities, and duties established by this section. Any court of competent jurisdiction may order a criminal justice agency to seal the criminal history record of a minor or an adult who complies with the requirements of this section. The court shall not order a criminal justice agency to seal a criminal history record until the person seeking to seal a criminal history record has applied for and received a certificate of eligibility for sealing pursuant to subsection (2). A criminal history record that relates to a violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 916.1075, or a violation enumerated in s. 907.041 may not be sealed, without regard to whether adjudication was withheld, if the defendant was found guilty of or pled guilty or nolo contendere to the offense, or if the defendant, as a minor, was found to have committed or pled guilty or nolo contendere to committing the offense as a delinquent act. The court may only order sealing of a criminal history record pertaining to one arrest or one incident of alleged criminal activity, except as provided in this section. The court may, at its sole discretion, order the sealing of a criminal history record pertaining to more than one arrest if the additional arrests directly relate to the original arrest. If the court intends to order the sealing of records pertaining to such additional arrests, such intent must be specified in the order. A criminal justice agency may not seal any record pertaining to such additional arrests if the order to seal does not articulate the intention of the court to seal records pertaining to more than one arrest. This section does not prevent the court from ordering the sealing of only a portion of a criminal history record pertaining to one arrest or one incident of alleged criminal activity. Notwithstanding any law to the contrary, a criminal justice agency may comply with laws, court orders, and official requests of other jurisdictions relating to sealing, correction, or confidential handling of criminal history records or information derived therefrom. This section does not confer any right to the sealing of any criminal history record, and any request for sealing a criminal history record may be denied at the sole discretion of the court.
     
  8. mafioso

    mafioso New Member

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    (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each petition to a court to seal a criminal history record is complete only when accompanied by:

    (a) A certificate of eligibility for sealing issued by the department pursuant to subsection (2).

    (b) The petitioner's sworn statement attesting that the petitioner:

    1. Has never, prior to the date on which the petition is filed, been adjudicated guilty of a criminal offense or comparable ordinance violation or adjudicated delinquent for committing a felony or a misdemeanor specified in s. 943.051(3)(b).

    2. Has not been adjudicated guilty of or adjudicated delinquent for committing any of the acts stemming from the arrest or alleged criminal activity to which the petition to seal pertains.

    3. Has never secured a prior sealing or expunction of a criminal history record under this section, former s. 893.14, former s. 901.33, former s. 943.058, or from any jurisdiction outside the state.

    4. Is eligible for such a sealing to the best of his or her knowledge or belief and does not have any other petition to seal or any petition to expunge pending before any court.

    Any person who knowingly provides false information on such sworn statement to the court commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to petitioning the court to seal a criminal history record, a person seeking to seal a criminal history record shall apply to the department for a certificate of eligibility for sealing. The department shall, by rule adopted pursuant to chapter 120, establish procedures pertaining to the application for and issuance of certificates of eligibility for sealing. The department shall issue a certificate of eligibility for sealing to a person who is the subject of a criminal history record provided that such person:

    (a) Has submitted to the department a certified copy of the disposition of the charge to which the petition to seal pertains.

    (b) Remits a $75 processing fee to the department for placement in the Department of Law Enforcement Operating Trust Fund, unless such fee is waived by the executive director.

    (c) Has never, prior to the date on which the application for a certificate of eligibility is filed, been adjudicated guilty of a criminal offense or comparable ordinance violation or adjudicated delinquent for committing a felony or a misdemeanor specified in s. 943.051(3)(b).

    (d) Has not been adjudicated guilty of or adjudicated delinquent for committing any of the acts stemming from the arrest or alleged criminal activity to which the petition to seal pertains.

    (e) Has never secured a prior sealing or expunction of a criminal history record under this section, former s. 893.14, former s. 901.33, or former s. 943.058.

    (f) Is no longer under court supervision applicable to the disposition of the arrest or alleged criminal activity to which the petition to seal pertains.
     
  9. mafioso

    mafioso New Member

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    (3) PROCESSING OF A PETITION OR ORDER TO SEAL.--

    (a) In judicial proceedings under this section, a copy of the completed petition to seal shall be served upon the appropriate state attorney or the statewide prosecutor and upon the arresting agency; however, it is not necessary to make any agency other than the state a party. The appropriate state attorney or the statewide prosecutor and the arresting agency may respond to the court regarding the completed petition to seal.

    (b) If relief is granted by the court, the clerk of the court shall certify copies of the order to the appropriate state attorney or the statewide prosecutor and to the arresting agency. The arresting agency is responsible for forwarding the order to any other agency to which the arresting agency disseminated the criminal history record information to which the order pertains. The department shall forward the order to seal to the Federal Bureau of Investigation. The clerk of the court shall certify a copy of the order to any other agency which the records of the court reflect has received the criminal history record from the court.

    (c) For an order to seal entered by a court prior to July 1, 1992, the department shall notify the appropriate state attorney or statewide prosecutor of any order to seal which is contrary to law because the person who is the subject of the record has previously been convicted of a crime or comparable ordinance violation or has had a prior criminal history record sealed or expunged. Upon receipt of such notice, the appropriate state attorney or statewide prosecutor shall take action, within 60 days, to correct the record and petition the court to void the order to seal. The department shall seal the record until such time as the order is voided by the court.

    (d) On or after July 1, 1992, the department or any other criminal justice agency is not required to act on an order to seal entered by a court when such order does not comply with the requirements of this section. Upon receipt of such an order, the department must notify the issuing court, the appropriate state attorney or statewide prosecutor, the petitioner or the petitioner's attorney, and the arresting agency of the reason for noncompliance. The appropriate state attorney or statewide prosecutor shall take action within 60 days to correct the record and petition the court to void the order. No cause of action, including contempt of court, shall arise against any criminal justice agency for failure to comply with an order to seal when the petitioner for such order failed to obtain the certificate of eligibility as required by this section or when such order does not comply with the requirements of this section.

    (e) An order sealing a criminal history record pursuant to this section does not require that such record be surrendered to the court, and such record shall continue to be maintained by the department and other criminal justice agencies.
     
  10. mafioso

    mafioso New Member

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    (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal history record of a minor or an adult which is ordered sealed by a court of competent jurisdiction pursuant to this section is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and is available only to the person who is the subject of the record, to the subject's attorney, to criminal justice agencies for their respective criminal justice purposes, or to those entities set forth in subparagraphs (a)1., 4., 5., and 6. for their respective licensing and employment purposes.

    (a) The subject of a criminal history record sealed under this section or under other provisions of law, including former s. 893.14, former s. 901.33, and former s. 943.058, may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except when the subject of the record:

    1. Is a candidate for employment with a criminal justice agency;

    2. Is a defendant in a criminal prosecution;

    3. Concurrently or subsequently petitions for relief under this section or s. 943.0585;

    4. Is a candidate for admission to The Florida Bar;

    5. Is seeking to be employed or licensed by or to contract with the Department of Children and Family Services or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly as provided in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s. 415.103, s. 916.106(10) and (13), s. 985.407, or chapter 400; or

    6. Is seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities.

    (b) Subject to the exceptions in paragraph (a), a person who has been granted a sealing under this section, former s. 893.14, former s. 901.33, or former s. 943.058 may not be held under any provision of law of this state to commit perjury or to be otherwise liable for giving a false statement by reason of such person's failure to recite or acknowledge a sealed criminal history record.

    (c) Information relating to the existence of a sealed criminal record provided in accordance with the provisions of paragraph (a) is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except that the department shall disclose the sealed criminal history record to the entities set forth in subparagraphs (a)1., 4., 5., and 6. for their respective licensing and employment purposes. It is unlawful for any employee of an entity set forth in subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6. to disclose information relating to the existence of a sealed criminal history record of a person seeking employment or licensure with such entity or contractor, except to the person to whom the criminal history record relates or to persons having direct responsibility for employment or licensure decisions. Any person who violates the provisions of this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
     
  11. mafioso

    mafioso New Member

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    Hope you find all the above post useful............... We are always willing to help here when we can and don't rush to judgment about people......sorry for your unfortunate experience in other forums. Welcome to ours!!
     
  12. Writers_Delight

    Writers_Delight Law Topic Starter New Member

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    I would like to thank you personally for all the time you spent on my question Mafioso, i am much obliged. Other legal forums i have witnessed extreme unprofessionalism on other forums with people pouring there hearts out and getting sarcastic one liner answers in response.

    You have helped me beyond belief, thank you again. You obviously are a marksman in your trade and clearly are (if not already) a successful attorney.
     
  13. mafioso

    mafioso New Member

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    Thanks for your kind words............anytime...... we are here to help not judge people.
     
  14. glen5279

    glen5279 New Member

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    Expungement

    Dear Mafioso,
    Reading this post I can relate to what Writers Delight is feeling. It is not too often that someone (an attorney) with license to practice law for compensation takes the time to research and post information for a stranger, without asking for anything in return.
    I have recently filed a motion, which was granted, to expunge my record in Florida. I have gone through the entire process, including filing an application with FDLE for a Certificate of Eligibility, waiting in queue for five moths, receiving it, filing a motion with the court, and finally going to the hearing where Judge has granted it.
    Very small group of people know what it feels like. Only those who have a record understand the gravity of having it, and what it does to you over the years. Holding a signed court order in my hands for expungement of my record was one of the most profound experiences in my life.
    Before I have gone through all of it, I have researched the subject to the point that I can recite portions of the Statute.
    The statute, however, does not specify certain things, and if you have some information, I would be really grateful if you would share it.
    The statute specifies that …”clerk of the court shall certify copies of the order to the appropriate state attorney or the statewide prosecutor and the arresting agency. The arresting agency is responsible for forwarding the order to any other agency to which the arresting agency disseminated the criminal history record information to which the order pertains. The department shall forward the order to expunge to the Federal Bureau of Investigation. The clerk of the court shall certify a copy of the order to any other agency which the records of the court reflect has received the criminal history record from the court”.
    It does not specify the time frame within each each agency must carry out all these actions. Also, we all know that clerks and offices make mistakes all the time, so… as a subject of the record being expunged how can I verify which agencies have received my record, and that each of those agencies have received a copy of a court order to expunge, and that they actually did it?
    The statute says …” The department shall forward the order to expunge to the Federal Bureau of Investigation”.
    Does that also mean that FBI is ordered to destroy copies of their records? It is very important in my case, because of the possible consequences during naturalization process; the USCIS fingerprints all applicants who are applying for naturalization, and sends the fingerprints to the FBI for background check. Even though my case was “Null Prosequi” there is still good chance that it will become a major issue with USCIS.
    As a last question: I understand that the only copy of the record will be maintained by FDLE, it should be unavailable to anyone, including myself. The only way for any person or agency to get access to the expunged record is with a court order. My question is: is there anything beyond expungement? If couple of years from now I will consider Law Scholl and then Bar Exam, I will have to disclose that I have an Expunged Record, and possible will be asked what I was charged with.
     
  15. mafioso

    mafioso New Member

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    My response can't fit in one post........so read the next one too......

    The FBI would receive the order to expunge but they don’t expunge. They are protected by law. Expunging your record would affect everyone except the FBI and immigration (they get from FBI). The rest of the agencies would follow the order. The time frame is not fixed. In most cases allow four months and do a background check with the individual agencies listed in your petition. Online background checks would take time to adjust too……..The time varies from one to the other. Some online background companies are so slow you would have to be patient. Some states have penalties of 1000dollars for first time violators. But imposing it is another thing…………..Sometimes you would have to send the order a couple of times before it is enforced. The process varies from one state to the other. In some states like Texas, if you used your lawyer, he/she can be involved with the court to in sending out the order. That would give you some peace of mind. So what I can say is, each agency would work to follow the order but the time frame is not set. Some people have checked their records in two months and it become spotless. Just check a with each of the agencies on if the record still shows a couple of months later…….some agencies are slow but eventually do it. There is no time frame in most cases. Immigration would not give you a hard time since you were not found guilty. Any innocent person can be wrongly charged and has the right to assumption of innocence….
     
  16. mafioso

    mafioso New Member

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    The rules on what you say if you have an expunged record vary from state to state. For the bar, you would have to admit………Each state has different things you say when asked. For example, in Texas, you simply say under oath that you had a record which was expunged. You don’t give details. So what you say to the bar in your state would depend on that states laws……I am not familiar with your states rule as with regard to if you tell them the exact charge. Just call their toll free number and find out anonymously…….The bar is one of the few exceptions too….MDs do same.. There is no greater legal remedy than expunging records. Even cops would not have access to the records, Just the FBI(they would not share it except on few exceptions…Feds). You would have to be patient………….I know of people who were accused of rape last year who got a not guilty verdict and have their lives back on track today after being denied many jobs……..Just hang in there and thanks for your kind words.
     
  17. mafioso

    mafioso New Member

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    The rules on what you say if you have an expunged record vary from state to state. For the bar, you would have to admit………Each state has different things you say when asked. For example, in Texas, you simply say under oath that you had a record which was expunged. You don’t give details. So what you say to the bar in your state would depend on that states laws……I am not familiar with your states rule as with regard to if you tell them the exact charge. Just call their toll free number and find out anonymously…….The bar is one of the few exceptions too….MDs do same.. There is no greater legal remedy than expunging records. Even cops would not have access to the records, Just the FBI(they would not share it except on few exceptions…Feds). You would have to be patient………….I know of people who were accused of rape last year who got a not guilty verdict and have their lives back on track today after being denied many jobs……..Just hang in there and thanks for your kind words.
     
  18. spartan8901

    spartan8901 New Member

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    Hi Mafioso I understand you help people in need and I am in need of your services. When I was uneducated and young I got in some trouble with a girl and was accused and charged with a Lued and Lascivious Conduct when I was like 12. I was adjudicated of delinquency witheld. I was not required to register because my case. But I fall under Florida Statute 800.04. From the post you have posted and through my extensive research I understand that I fall under the may not be expunged or sealed sections. I have grown intellectually and perceived right from wrong. I am a adult now and I want to pursue my life dreams but I need to have this charge expunged or sealed(preferably expunged). I have the application of expungment and final disposition but I wanted to ask you to clarify my delicate case before I spend up front $1500 up for a lawyer. I would graciously appreciate your generosity to look into this and just clarify what I have read as a second opinion. I would like to know if I am eligible or not for a certificate of eligibility throught FDLE. Thank you for your consideration and time.
     
    Last edited: Feb 27, 2008
  19. Scooterdog

    Scooterdog New Member

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    If you can't get expunged at the state level, you have to sue your state in Federal court. You must file an TRO and ask for a perm. injunction.

    If you are denied expungement, you can never petition again, NEVER.(you can, but it will be denied, and chances are you will pay the states court cost) It is a one time only shot. (State level) Also, you need to look at supreme court ruling in your state, some states have decided that a state judge has no power to grant expungement on a felony. This would leave you with 3 choice, and this varies, 1-a full pardon, 2-a restoration of rights, 3-Filing an action in Federal Court.

    You have to send the FBI a FOIA/PA request to attempt to get your records. If it's been more than ten years, they probably purged the file.
     
    Last edited: Feb 27, 2008
  20. spartan8901

    spartan8901 New Member

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    Thank you that helped and covered what I was looking for. Well I got charged when I was about 12 and that was in 2003 in Florida where I live. When I went to my Army Recruiter he looked over my record and said that the charge would have to be looked at a little more. I had to go to Gainesville to the records department and pull my record and give it to him but when he did a background check he said it didn't pull up anything. But I have some more simple questions if you wouldn't mind? How much would going to the Supreme Court and the process estimate in a cost? How would you obtain a pardon? What are the chances of getting pardoned? Does it cost anything? Does It cover my whole record or just one charge? What does getting the file purged mean and what does it do? With your help then hopefully I will obtain my Paramedic Liceanse and become a combat medic in Iraq. Thank you for you help, I appreciate the generosity of your time and effort in helping a complete stranger.
     
    Last edited: Feb 27, 2008

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