Recently in Seal a Criminal Record Category

February 8, 2010

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

Can you seal a Florida aggravated battery or Florida domestic battery record if you pled to a lesser or amended offense, such as a simple battery or fighting/affray?

According to the Florida Statute Section 943.059, an individual may not have his criminal record sealed if it relates to "a violation enumerated in s. 907.041...without regard to whether adjudication was withheld, if the defendant was found guilty of or pled guilty or nolo contendere to the offense." Florida Statute Section 907.041 lists aggravated battery and domestic battery as an enumerated crimes. However, Florida simple battery and Florida fighting or affray are not an enumerated crimes. Therefore, a Florida Criminal Defendant that has pled guilty or nolo contendere to a non-enumerated crime should be able to have his or her record sealed, so long as adjudication of guilt was withheld, according to the plain language of this Florida statute. This is not the case. The FDLE will reject the application. However, the Florida Supreme Court has not decided this issue. Therefore, it will be interesting to see what their decision would be on such an issue.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: Battery , Expunging and Sealing Criminal Records , Seal a Criminal Record

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July 10, 2009

Sealing a Florida Criminal Record When "No Record" Exists

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.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: Expunging and Sealing Criminal Records , Seal a Criminal Record

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May 22, 2009

If I Seal My Jacksonville Criminal Record, Can I Possess a Firearm?

Today, I received an interesting inquiry.  Someone asked me, "if a person has his Florida Criminal Record sealed, can he possess a firearm?"  There are a few reasons that a person may be prohibited from carrying a firearm in Florida as established by Chapter 790 of the Florida Statutes.  Most Jacksonville residents that I have talked with are unable to possess a Firearm due to a prior felony conviction.  Therefore, let us assume that a convicted felon would like to have his record sealed in order to purchase a firearm.  He cannot do this.  

You cannot have your Florida criminal record sealed if you were convicted of a crime.  If a person is a convicted felon, he cannot have his record sealed, period.  However, if he was given a withhold of adjudication, he is not a convicted felon.  Therefore, he may be able to have his record sealed, depending on other circumstances.  If this person is not a convicted felon and does not fall under any other exemption, he can possess a firearm, regardless of whether or not his Florida criminal record is sealed.   

To answer the original question, a record seal will not make a difference as to a person's ability to possess a firearm, because if he cannot possess the firearm due to a felony conviction, then he cannot get the record sealed. If he is eligible to have his record sealed, then he is not a convicted felon and can possess a firearm (unless there is some other condition prohibiting the possession).


To learn more about Firearm possession visit www.guntrustlawyer.com, or contact a Jacksonville Firearms Attorney.  

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: Expunging and Sealing Criminal Records , Seal a Criminal Record

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February 24, 2009

Can I Seal My Florida Criminal Record?

919323_box_clasp.jpg"Can I seal my Florida Criminal Record" is a question that I am asked almost everyday.  While each Florida Record Sealing case is different, you can evaluate your case by answering a series of questions.  I have included these on Apple Law Firm PLLC's website at www.jacksonvillelawyer.pro.  I developed these questions based on Florida Statute Section 943.0585 which addresses court-order expunction of Florida criminal history records.  


Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: Expunging and Sealing Criminal Records , Seal a Criminal Record

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December 17, 2008

Seal a Florida Criminal Record

lock-small.jpgWe all make mistakes or do something that we later regret.  As a Jacksonville criminal lawyer, I see this all to often.  A Florida resident commits a minor crime, and his Florida criminal background haunts him.  Sealing a Florida criminal record can help.  By obtaining a seal on a Florida record, it is not open to the public.  A Florida record seal prevents most people from viewing your criminal record. 

For more information on how to seal a Florida criminal background, contact a Florida Record Sealing Attorney or visit www.jacksonvillelawyer.pro.  Our Florida law firm charges only $395.00, plus a fee of $75.00 for the FDLE application process.  See our Cost of Sealing a Florida Criminal record page.  



Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: Expunging and Sealing Criminal Records , Seal a Criminal Record

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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.  

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: Expunge a Criminal Record , Expunging and Sealing Criminal Records , Seal a Criminal Record , South Carolina

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November 18, 2008

How to Seal a Criminal Record in Jacksonville, Florida

Bad things happen to good people.  Not everyone that has been arrested deserves to have a criminal record.  A criminal record will follow a person forever, but there is a way to fix this.  In Jacksonville, Florida, you may be able to get your record sealed. To seal 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 conviction was withheld (withhold adjudication) or the criminal defendant was acquitted after a trial (found not guilty).  
  2. You must have no prior criminal record, and you can only seal one arrest.  In order to seal 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 sealed.  For a list, see Florida Statute Section 943.059.
  4. The proper paperwork and background check must be completed.  
To expunge a withheld conviction or acquittal in Jacksonville, Florida, you must have the criminal record sealed for 10 years prior to applying for the expungement. 
 
If you are interested in getting a criminal record sealed in Jacksonville, Florida or the surrounding areas, contact a Jacksonville Florida Record Sealing Attorney.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: Expunging and Sealing Criminal Records , Seal a Criminal Record

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