Jacksonville Criminal Defense Lawyer Blog

As a Jacksonville Criminal Defense Lawyer I receive numerous calls regarding a person's past Florida Criminal History and their desire to have it sealed or expunged. However, I am not always able to assist due to the statutory confines of the Florida Statutes. Therefore, in order to clarify some immediate questions, the offenses listed below cannot be Sealed or Expunged.

Florida Statutes § 943.0585 and § 943.059 list several criteria that must be satisfied before allowing a Florida Criminal record to be Sealed or Expunged. One of these criteria is that the crime does not fall into a number of certain crime categories. These include:

1. Aggravated Assault
2. Aggravated Battery
3. Arson
4. Assault
5. Murder
6. Kidnapping
7. Sex Crimes on a child under 16
8. Burglary
9. Robbery Illegal use of Explosives
10. Child Abuse of any kind
11. Abuse of the Elderly
12. Carjacking
13. Stalking
14. Domestic Battery
15. Manslaughter
16. Rape
17. Any Attempt at the above crimes

Unfortunately, the Criminal Offenses listed above cannot be sealed or expunged. Furthermore, in order for the Court to consider whether to seal or expunge one's record, one must first apply for a Certificate of Eligibility. This criterion requires the submission of paperwork and records to the FDLE for either approval or denial.

The process of obtaining a Florida Record Seal or Expunction can become time consuming, complex, and burdensome. Therefore, the advise and assistance from a Jacksonville Criminal Defense Lawyer can make all the difference. I will discuss with you the process, answer any questions that may arise, and take care of the paperwork and legwork required to obtain a Florida Record Seal or Expunction for you. So, don't delay call me today!!

Are you a Florida Resident located in St. Augustine, Duval, Orange Park, St. Johns county, Clay county, or the surrounding area? Have you applied for jobs or specialized licenses? Has your application been rejected because of a questionable criminal history? If so, a Jacksonville Beach Record Seal/Expunge Attorney may be able to help! As a Jacksonville Beach Record Seal/Expunge Attorney I can review your Florida Criminal History and make the initial determination as to whether or not you are eligible to have your record expunged.

In order to be eligible to have your Criminal Record Expunged, you must have not been convicted of any criminal offense, or had the charges brought against you dropped, or your current Criminal Record has been sealed for 10 years. These requirements and more are outlined in Florida Statute § 943.0585. Under this Statute, the person requesting a record expunction, must provide the court with a valid certificate of eligibility AND a sworn statement attesting to the following:

• Never been adjudicated guilty;
• Never been adjudicated guilty of any act stemming from the arrest pertaining to this request;
• Never received a record expunction or seal before; AND
• To their best knowledge or belief does not have any other petitions before the court.

This is just a brief summary of the statutory provisions required in order petition the court to have your record expunged. As a Jacksonville Beach Record Seal/Expunge Attorney I can evaluate your Criminal History, acquire the necessary documents, and file the proper paperwork in order to petition to the your record expunged. Therefore, if your record is less than perfect, contact a Jacksonville Beach Record Seal/Expunge Attorney to discuss your options today.

As an Atlantic Beach Record Seal Attorney, I am confronted on a daily basis regarding potential clients wanting to have their record sealed. Unfortunately, I am not always able to assist them in ascertaining their objective. Therefore, in order to give my Clients more information up front regarding an Atlantic Beach Record Seal, I have provided the crimes that are not permitted under Florida Statutes.

However, I would like to note, that this list is not all-inclusive and if you have any questions please contact me directly and I will be able to assist you in your particular matter.

What crimes may not be sealed:

• §§ 393.135, 394.4593, 916.1075 Sexual misconduct prohibited


• § 787.025 Luring or enticing a child


• § 796.03 Procuring person under age of 18 for prostitution


• § 800.04 Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age


• § 810.14 Voyeurism prohibited


• § 817.034 Florida Communications Fraud Act


• § 825.1025 Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person


• § 827.071 Sexual performance by a child; penalties


• § 847.0133 Protection of minors; prohibition of certain acts in connection with obscenity


• § 847.0135 Computer pornography; traveling to meet minor


• § 847.0145 Selling or buying of minors


• § 893.135 Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking


• A violation enumerated in § 907.041 Pretrial detention and release


• or any violation specified as a predicate offense for registration as a sexual predator pursuant to § 775.21 The Florida Sexual Predators Act, without regard to whether that offense alone is sufficient to require such registration


• For registration as a sexual offender pursuant to § 943.0435 Sexual offenders required to register with the department

If your Atlantic Beach Criminal Record does not include one of the previously mentioned offenses and you have not been adjudicated guilty anywhere before, you may be eligible for a Record Seal. Contact an Atlantic Beach Record Seal Attorney today. It could make all the difference in obtaining a job, loan, or an apartment.

As a Jacksonville Criminal Defense Lawyer I get numerous calls about Jacksonville, Florida Record Seal/Expunge. In most cases I can assist an individual in achieving this goal. However, Florida Statutes do define some offenses, regardless of adjudication that could potentially make a person ineligible for a Jacksonville Record Seal/Expunge.

Florida Statute § 943.059 governs Florida Record Sealing. It permits a Criminal Defendant in Florida to seal his or her record under certain circumstances. In particular, in order to have your Florida Criminal Record sealed, you cannot have ever been convicted of a crime. In the majority of Florida Record Sealing Cases, the applicant has been given a withhold of adjudication. With many crimes, if you have been given a withhold, you can petition to have your record sealed in Florida. However, there are certain crimes that you cannot have sealed, even if the conviction was withheld. The crimes are listed in Florida Statute § 907.041 and are as follows:

1. Arson;
2. Aggravated assault;
3. Aggravated battery;
4. Illegal use of explosives;
5. Child abuse or aggravated child abuse;
6. Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult;
7. Aircraft piracy;
8. Kidnapping;
9. Homicide;
10. Manslaughter;
11. Sexual battery;
12. Robbery;
13. Carjacking;
14. Lewd, lascivious, or indecent assault or act upon or in presence of a child under the age of 16 years;
15. Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of person in familial or custodial authority;
16. Burglary of a dwelling;
17. Stalking and aggravated stalking;
18. Act of domestic violence as defined in s. 741.28;
19. Home invasion robbery;
20. Act of terrorism as defined in s. 775.30;
21. Manufacturing any substances in violation of chapter 893; and
22. Attempting or conspiring to commit any such crime.

These enumerated offenses, if contained within your record, could potentially keep you from getting your record sealed or expunged. Therefore, if you have a Jacksonville Criminal History and would like to have your record sealed or expunged, contact a Jacksonville Criminal Defense Lawyer today. I can review your Jacksonville Criminal History and make the initial determination as to whether or not you would be eligible for a Record Seal or Expunge.

Are you a Florida Resident located in St. Augustine, Duval, Orange Park, St. Johns county, Clay county, or the surrounding area? Have you applied for jobs or specialized licenses? Has your application been rejected because of a questionable criminal history? If so, a Jacksonville Criminal Defense Lawyer may be able to help! As a Jacksonville Criminal Defense Lawyer I can review your Florida Criminal History and make the initial determination as to whether or not you are eligible to have your record expunged.

In order to be eligible to have your Criminal Record Expunged, you must have not been convicted of any criminal offense, or had the charges brought against you dropped, or your current Criminal Record has been sealed for 10 years. These requirements and more are outlined in Florida Statute § 943.0585. Under this Statute, the person requesting a record expunction, must provide the court with a valid certificate of eligibility AND a sworn statement attesting to the following:

1. Never been adjudicated guilty;


2. Never been adjudicated guilty of any act stemming from the arrest pertaining to this request;


3. Never received a record expunction or seal before; AND


4. To their best knowledge or belief does not have any other petitions before the court.

This is just a brief summary of the statutory provisions required in order petition the court to have your record expunged. As a Jacksonville Criminal Defense Lawyer I can evaluate your Criminal History, acquire the necessary documents, and file the proper paperwork in order to petition to the your record expunged. Therefore, if your record is less than perfect, contact a Jacksonville Criminal Defense Lawyer to discuss your options today.

As a Jacksonville Criminal Defense Lawyer I receive numerous calls about the desire to have one's Criminal Record Sealed. Everyone has made mistakes in their past and those mistakes should not haunt a person for the rest of their lives. However, there are limitations as to who may receive a record seal, certain requirements must be met, and most importantly - have not been CONVICTED GUILTY for any criminal offense.

The procedure and requirements for having your Jacksonville Criminal Record Sealed are outlined in Florida Statute § 943.059. Under that Statute, the State requires the person wanting their record Sealed to provide a valid certificate of eligibility and a sworn statement attesting to the statutory requirements. Those requirements are:

1. Never adjudicated guilty;


2. Never adjudicated guilty of acts stemming from this arrest;


3. Never had a previous record seal or expunction; AND


4. Based upon the person's knowledge or belief is eligible and does not have another petition before the court.

The process of obtaining the proper paperwork and statutory requirements can become complex and cumbersome. That is where the advice and representation of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. As a Jacksonville Criminal Defense Lawyer I can review your Criminal History and make the initial determination as to whether or not your eligible for a Jacksonville Record Seal. Therefore, if you have a past that is negatively impacting your future, contact a Jacksonville Criminal Defense Lawyer today.

Are you a Duval resident and have had trouble securing a job because of your not so clean Jacksonville Criminal History? Well, if so you might have an avenue to rectify the situation and gain that valuable employment to succeed in life. The avenue is having your Jacksonville Criminal History either sealed or expunged. However, petitioning the court for this is not definite and therefore, within the court's discretion whether or not to seal or expunge your Jacksonville Criminal History. With that being said, in order to deny your petition the State Attorney must show good cause as to their objection.

The Procedure for petitioning the court to either expunge or seal your Jacksonville Criminal History is detailed in Florida Statutes § 943.0585 and § 943.059.

In order to potentially have your record expunged, you must not have been convicted guilty of any criminal offense, had charges dropped, or have had your record sealed for 10 years. Florida Statute § 943.0585 states in order to petition the court, the petitioner must provide the court with:

1. A valid certificate of eligibility for expunction;


2. The petitioner's sworn statement attesting to the following:

• Has never been adjudicated guilty of a criminal offense;


• Has not been adjudicated guilty of any of the acts stemming from the arrest or alleged criminal activity to which the petition pertains;


• Has never secured a prior sealing or expunction of a criminal history record, unless the record has been sealed for 10 years; AND


• Eligible for such and expunction to the best of his/her knowledge or belief and does not have any other petitions before the court.

On the other hand, if you are seeking a record seal you must not have been convicted of any criminal offense or adjudication has been withheld. Florida Statute § 943.059 outlines the procedure in sealing ones Jacksonville Criminal History. The Statue requires the petitioner to provide the following:

1. A valid certificate of eligibility for expunction;


2. The petitioner's sworn statement attesting to the following:

• Has never been adjudicated guilty of a criminal offense;


• Has not been adjudicated guilty of any of the acts stemming from the arrest or alleged criminal activity to which the petition pertains;


• Has never secured a prior sealing or expunction of a criminal history record; AND


• Eligible for such and expunction to the best of his/her knowledge or belief and does not have any other petitions before the court.

These are just the required statutory requirements needed in order to petition the court for a Jacksonville Criminal History record seal or expungement. As a Jacksonville Criminal Defense Lawyer I can evaluate your Criminal History and make an initial determination if a record seal or expungement is available to you. So, if your Criminal History is not prefect and you would like it be, contact a Jacksonville Criminal Defense Lawyer today!

Florida law (FSS 943.059) allows for criminal defendants to get their records sealed as long as they meet certain requirements. In order to get your Florida criminal record sealed, you cannot have a criminal conviction. This means that the you cannot be adjudicated guilty of any crime. An adjudication of guilt or a conviction is much different than a guilty plea.

In a Florida Criminal Case, you have three plea options: (1) not guilty; (2) nolo contendere (no contest); and (3) guilty. In general, a plea of guilty or no contest will have the same legal effect. Therefore, when someone is reviewing your criminal background, the plea of guilty or no contest does not make much of a difference. When a Florida criminal defendant enters a plea of no contest or guilty, the judge sentences the defendant either immediately or sometime thereafter. As part of the sentence, the Florida judge will either adjudicate the Defendant guilty or withhold adjudication. If the Florida Criminal Defendant is adjudicated guilty, he or she cannot seal his Florida Criminal Record. If the judge withholds adjudication of guilt, he or she may still be eligible for a record seal. Therefore, even if you plead guilty to a crime, you may still be able to get your Florida Criminal Record sealed.

There are other factors involved, so it is important to discuss this will a Florida Lawyer that seals Florida Criminal Records. For example, you cannot get your record sealed if the crime that you pled guilty or no contest to is listed in Florida Statute Section 907.041. Also, you cannot get your record sealed if you have ever been convicted (adjudicate guilty) of any crime, even if it is not the Florida criminal offense that you are trying to seal. Therefore, it is important to talk to a Florida Criminal Record Sealing Lawyer that is familiar with the law.

Florida Statute Section 943.059 governs Florida Record Sealing. It permits a Criminal Defendant in Florida to seal his or her record under certain circumstances. In particular, in order to have your Florida Criminal Record sealed, you cannot have ever been convicted of a crime. In the majority of Florida Record Sealing Cases, the applicant has been given a withhold of adjudication. With many crimes, if you have been given a withhold, you can petition to have your record sealed in Florida. However, there are certain crimes that you cannot have sealed, even if the conviction was withheld. The crimes are listed in Florida Statute Section 907.041 and are as follows:

1. Arson;
2. Aggravated assault;
3. Aggravated battery;
4. Illegal use of explosives;
5. Child abuse or aggravated child abuse;
6. Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult;
7. Aircraft piracy;
8. Kidnapping;
9. Homicide;
10. Manslaughter;
11. Sexual battery;
12. Robbery;
13. Carjacking;
14. Lewd, lascivious, or indecent assault or act upon or in presence of a child under the age of 16 years;
15. Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of person in familial or custodial authority;
16. Burglary of a dwelling;
17. Stalking and aggravated stalking;
18. Act of domestic violence as defined in s. 741.28;
19. Home invasion robbery;
20. Act of terrorism as defined in s. 775.30;
21. Manufacturing any substances in violation of chapter 893; and
22. Attempting or conspiring to commit any such crime.

If you would like to get your Florida Criminal Record Sealed, contact a Florida Record Sealing Attorney.