Jacksonville Criminal Defense Lawyer Blog

As a general rule, you can seal or expunge a Florida criminal record so long as you have not been convicted of a crime. Therefore, if you received a withhold of adjudication, you can seal your record. However, there are certain criminal offenses that cannot be sealed or expunged, even if adjudication is withheld, if you plea guilty or no contest to the charge. These criminal offenses can be found in Florida Statute Section 907.041. For example, you cannot seal or expunge a Florida aggravated battery or Florida domestic battery if you have pled guilty or no contest to such charge. This is the law regardless of whether or not you received a conviction or a withhold of adjudication.

Two questions still remain: 

1. Can you seal a Florida aggravated battery or domestic battery record if you pled to a lesser or amended offense, such as a simple battery or fighting/affray?
2. Can you expunge a Florida aggravated battery or domestic battery record if the charges were dropped?

As a criminal lawyer that deals with many Florida record seals and expunctions, sometimes, I run into inconsistencies in a criminal record. For example, I called a Florida Clerk of Courts Office to get a certified copy of the disposition of a case. This document is needed when trying to seal or expunge a Florida record. However, the Florida clerk's office informed me that this record did not exists. Thus, according to the clerk, the criminal arrest never occurred. However, I was holding a Florida background check that showed the criminal offense, and this is what potential employers look at. Therefore, I still need to seal or expunge the record.

The problem: In order to get the process started for a criminal record seal or expunction, you must send a certified copy of the disposition of the case to the Florida Department of Law Enforcement with the application.

The issue: How do you send in a certified copy that does not exist?    

The solution: You must obtain a certified letter from the clerk of courts stating that the record does not exist.

To learn more about sealing or expunging a Florida Criminal Record, contact a Florida Criminal Sealing and Expunging Attorney.

Jacksonville DUI checkpoints occur when the Jacksonville Sheriff's Office designates an area in which it will stop vehicles in order to look for drivers that are possibly impaired. While it is commendable that Jacksonville is working to keep drunk drivers off the road, this is a intrusion into our privacy. No one enjoys waiting for road stop, and unfettered police discretion is never beneficial to the community.

Florida courts recognize this violation of our constitutional rights. Thus, they prohibit check-points that do not meet certain legal requirements. The Florida Supreme Court, in State v. Jones, 483 so. 2d 433 (Fla. 1986), ruled that before police can initiate a sobriety checkpoint, they must issue a set of uniform guidelines that set out certain procedures for the roadblock. In Campbell v. State, 679 So. 2d 1168 (Fla. 1996), the Florida Supreme Court made it clear that "police are not vested with the general authority to set up 'routine' roadblocks at any time or place."

For more information about DUI stops, contact a Jacksonville DUI lawyer. A Jacksonville DUI Lawyer can evaluate the guidelines set and procedures taken at a DUI checkpoint to determine the legality of the Jacksonville roadblock.