Recently in Expunge a Criminal Record Category

February 8, 2010

Can You Expunge a Florida Aggravate Battery or Florida Domestic Battery?

Can you expunge a Florida aggravated battery or domestic battery record if the charges were dropped?

A Florida criminal record may be sealed pursuant to Florida Statute Section 943.0585. Florida Statute Section 907.041 provides a list of crimes that cannot be sealed. However, if the charges were dropped, then, you can expunge your record. The enumerated list of crimes do not apply when petitioning to have your record expunged. If the charges were dropped, the FDLE will not reject a Florida Criminal Defendant's application for a certificate of eligibility, assuming all other necessary conditions are fulfilled. However, if the original offense was a violent crime or was a sexual offense, it will be more difficult to have the petition to expunge granted. Therefore, it is important to be well prepared for a hearing and hire a Criminal Record Expunging Attorney.

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February 21, 2009

Can I Expunge My Florida Criminal Record?

980_burnin.jpg"Can I expunge my Florida Criminal Record" is a question that I hear often.  As with all other aspect of the law, each Florida Record Expunction is different.  However, you can evaluate your case by answering a series of questions which I have posted on Apple Law Firm PLLC's website at www.jacksonvillelawyer.pro.  I developed these questions based on Florida Statute Section 943.0585.  This Florida law addresses court-order expunction of Florida criminal history records.  



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December 30, 2008

Jacksonville Juvenile Criminal Intervention

147616_namibian_students_3.jpgWe all make mistakes as juveniles.  Sometimes, that juvenile mistake can lead to an arrest.  Most Jacksonville Juvenile Lawyers and Prosecutors will agree that early intervention in Jacksonville juvenile cases is the best solution.  In many Jacksonville juvenile cases, the defendant is not a repeat offender.  Often, the juvenile is a first time offender that made a poor choice and is scared of the juvenile justice system.  The best way for a Jacksonville Juvenile Lawyer to handle a juvenile case is to divert the case out of the courtroom and into a diversion program.  Once the Jacksonville juvenile successfully completes the diversionary program, his charges will be dropped.  This is beneficial to the Jacksonville juvenile for numerous reasons.  First, the Jacksonville juvenile's charges will be dropped, which is the best possible outcome in any case.  Second, if the Jacksonville juvenile charges are dropped, he can petition the Florida Department of Law Enforcement to get his Florida record expunged.  

If you have questions about a juvenile case in Jacksonville or the surrounding area, contact a Jacksonville Juvenile Lawyer.  

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December 16, 2008

Expunging a Florida Criminal Record

1066221_lock.jpgAs a Jacksonville Criminal Attorney, I have represented many criminal defendants in Jacksonville, Florida.  Many people think that a Jacksonville Criminal Attorney must represent "bad" people, but this is not always the case.  Bad things can happen to good people, so they need a Jacksonville Criminal Attorney to work hard for them.  However, even if the charges are dropped, the arrest can result in a Florida criminal record.  A Florida criminal record can haunt a person forever.  


A Jacksonville Criminal Attorney can help by expunging a Florida criminal record.  A Florida criminal record can be expunged if the Florida charges were dropped, dismissed, or never filed.  You can expunge a Florida criminal record if it been sealed for 10 years.  

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December 1, 2008

Expunging a Criminal Record: South Carolina Versus Florida Law

In Jacksonville Florida, a person convicted crime cannot seal or expunge his criminal record.  However, if a Florida criminal defendant is given a withhold of adjudication on the crime, he may be able to seal his Florida record.  According to Florida's expungement law, that criminal defendant must have his Florida criminal record sealed for 10 years in order to expunge his Florida criminal record. 

Unlike Florida law, South Carolina expungement laws are more lenient.  In South Carolina, a person that has been convicted of a crime may apply to have his South Carolina criminal record expunged.  Anyone with a South Carolina criminal record may expunge his record if he has been convicted of the following:
  1. Fraudulent Checks (unless the crime is a felony).
  2. Simple Possession of Marijuana (this applies to criminal defendants under 26 years old).
  3. Minor Offenses (a conviction in magistrate or municipal court).
Additionally, South Carolina Expungement Laws allow a criminal defendant to expunge his South Carolina criminal record if the charges were dismissed or he completed a South Carolina pre-trial intervention program.  

To learn more about Expunging a Criminal Record in South Carolina, contact a South Carolina Record Expunging Attorney.  

If you have questions about Sealing or Expunging a Criminal Record in Florida, contact a Florida Record Expunging Lawyer.  
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November 18, 2008

Getting a Criminal Record Expunged in Jacksonville, Florida

Everyone makes mistakes.  Sometimes, a mistake can result in a criminal record.  This criminal record will follow a person forever, but there is a way to fix this.  In some cases, you may be able to get your record expunged. To expunge a record in Jacksonville, Florida, there are certain requirements that must be met:

  1. The case did not result in a criminal conviction.  Either the prosecutor never filed the case, the charges were dropped or dismissed, you were acquitted, or the conviction was withheld.  If the conviction was withheld or you were acquitted, your record must have been sealed for 10 years.  Therefore, if you are trying to get a withheld conviction or acquittal sealed, you need to seal the file first, and then have it expunged.  
  2. You must have no prior criminal record and you can only expunge one arrest.  In order to expunge a record in Jacksonville, Florida, you cannot have an arrest in Jacksonville, Florida or in any other city or state.  
  3. There are certain charges that may not be expunged.  For a list, see Florida Statute Section 943.0585.
  4. The proper paperwork and background check must be completed.  
If you are interested in getting a criminal record expunged in Jacksonville, Florida or the surrounding areas, contact a Jacksonville Florida Expungement Attorney.

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October 20, 2008

Expunging Fraudulent Check Charges in South Carolina

According to South Carolina Statute Section 34-11-90(e), a person that has fraudulent check convictions in may expunge his record.  South Carolina has certain requirements that must be met.

  1. The South Carolina fraudulent check conviction is a first offense.  
  2. It has been one year since the South Carolina fraudulent check conviction, and the defendant has no other convictions during that one year period.
  3. The defendant has never expunged a South Carolina check charge before.  
If the defendant has more than one South Carolina fraudulent check conviction, all the South Carolina fraudulent check convictions may be expunged if he was arrested for them on the same day and they were all taken care of on the same court date.  However, if the South Carolina fraudulent check arrests were on different dates, he may not be able to expunge any of the check charges.  

For instance, a South Carolina resident is arrested for a fraudulent check charge on January 1, 2000.  While in jail, on January 5, 2000, he is charged with another fraudulent check charge that he committed before he went to jail.  He may not expunge either of the South Carolina check charges due to the fact that he obtained another charge within one year.  This is true even if he plead guilty to the cases at the same time.  On the other hand, if he was charged with both South Carolina check charges on January 1, 2000, he would be able to expunge both check charges.  

To learn more about expunging your South Carolina criminal record, contact a South Carolina Expungement Attorney.

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