Expunging and Sealing Criminal Records

October 29, 2012

Georgia-Florida Fight lands one in Jail another in the Hospital

As I entered the Office this morning after a wonderful weekend of my Georgia Bulldawgs’ win. I was shocked to read in the paper about this fight that occurred during the Game on Saturday. This unfortunate event left one fan in jail and the other in the hospital.

According to the sporadic reports, due to the high volume of partying going on, the full details of the fight are unclear. However, what is apparent is 21 year old William Ross Cesery III was taken to the hospital for injuries he sustained during this altercation. What is not apparent is the cause, instigation, and amount of alcohol or other drugs involved that made this incident occur. Furthermore, 20 year old Colby was arrested for AGGRAVATED BATTERY.

Aggravated Battery is defined under Florida Statute § 784.045, which reads “a person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement.” Also, it is a second-degree felony. Therefore, Colby could be facing up to 15 years in prison and/or $10,000.

October 8, 2012

I have a Conviction on my Florida Criminal Record. Can I have it Sealed or Expunged?

by David M. Goldman

As a Jacksonville Criminal Attorney, I receive numerous calls from potential clients wanting to get their Criminal records sealed or expunged. Potential clients want their records sealed or expunged for any number or reasons, however, the most common are: jobs, loans, education, and career advancement. Unfortunately, if you have a CONVICTION for any criminal offense you record cannot be sealed or expunged.

Another question or misunderstanding I hear all the time is regarding the extent of having one’s record sealed or expunged. Many clients have call and have the desire to get their entire criminal history expunged or sealed. However, that is not how it works. Florida only allows one arrest to be sealed or expunged. Meaning, you can have multiple offenses sealed or expunged if they all occur within the same incident. In contrast, if you have multiple arrests, you are potentially only eligible to have one arrest sealed or expunged.

I hope this blog will clear up any initial concerns or questions one my have regarding a

September 21, 2012

I want my Criminal History Sealed, How do I do that?

by David M. Goldman

As a Jacksonville Criminal Attorney I get calls all the time regarding a desire to seal or expunge their criminal past. However, few really know or understand the process and limitations that are involved with getting your Florida Criminal Record Sealed or Expunged. Therefore, I have decided to create this brief Blog to help clear up some initial misunderstandings. However, for the most clarity and understanding scheduling a FREE consultation with a Jacksonville Criminal Attorney is advisable.

One questions I get all the time is clients was to seal their ENTIRE criminal history. Meaning expunge all their arrests and criminal violations. However, this is not permissible under Florida Statutes. In Florida, a person is potentially applicable to have sealed or expunged ONE criminal arrest. To clarify, a Florida record seal will only handle ONE case you had before a Florida Court. Now, with that being said, if you had multiple charges in that ONE case, you can have all those charged sealed. This is best explained by example. Lets say, John smith has been arrested twice in his life. He calls a Jacksonville Criminal Attorney for a Consult. He wants his ENTIRE record sealed or expunged. This cannot be done, he will have to choose which arrest to deal with. His next question is regarding his arrest, it was for multiple offense, but all related to the one arrest. This is OK, a Florida record seal or expunction allows for ONE arrest to be sealed even if the arrest has multiple offenses.

Another question I get all the time is am I applicable for a Florida Record Seal or Expunction. Well, that answer depends on multiple factors. First and foremost is what was the adjudication of the offense you want sealed or expunged. This is important because if you have been CONVICTED of any offense you are not eligible for a record seal or expunction. Furthermore, if the adjudication was WITHHELD you are only eligible for a record seal. In contrast, if the charges were dropped you could be eligible for an expunction. Many clients do not know or remember the adjudication of their offense, that is OK, give a Jacksonville Criminal Attorney a call and we can find our for you.

August 23, 2012

Can I have my Florida Criminal Record Sealed or Expunged?

by David M. Goldman

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 Record Seal/Expunge Attorney may be able to help! As a Jacksonville 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.

July 24, 2012

Can I have my Record Sealed?

by David M. Goldman

Is your past coming back to haunt you? Did you make some bad decisions years ago that are now affecting your future? Have you been denied a loan or apartment because of your past? Have you been passed over for job promotions or employment because of your criminal history? If you answered, “YES” to any of these questions you need to call me today. I am a Jacksonville Criminal Attorney that handles Florida Record Seals and Expunctions. Although not everyone and every offense is applicable for a Record Seal or Expunge, a FREE consultation with me will give you the guidance you need in proceeding forward with your life and career.

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

July 18, 2012

Can you Seal/Expunge a Florida Aggravated Battery or a Florida Domestic Battery? What if I plea to a lesser included Offense, than Can I?

by David M. Goldman

I was charged with Aggravated Battery/ Domestic Battery, could I have this charged Sealed or Expunged?

The answer to this inquiry depends upon several factors. These factors include: 1. How was the case adjudicated? 2. What does Florida Statutes state? And 3. Have you had a Florida Criminal record Sealed/Expunged before? The answer to these few questions will determine the possibility of sealing or expunging that Florida Criminal Record.

A Florida criminal record may be sealed pursuant to Florida Statute § 943.0585. In addition to the requirements listed in the Statute above, Florida Statute § 907.041 provides a list of crimes that cannot be sealed. However, if the charges were dropped, then, you could be eligible to 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. Finally, Florida law only allows one criminal arrest to be sealed or expunged. Therefore, if you have had a record sealed or expunged before, you are not eligible to have another record sealed or expunged.

July 17, 2012

Commonly Charged Criminal Offenses in Jacksonville, Florida

by David M. Goldman

Whether you are a Florida resident or simply visiting the area for summer vacation, it is crucial to familiarize yourself with two of the most commonly charged criminal offenses in the state.

The following article will help you better understand what these crimes entail, the penalties associated with them, and the ramifications of been charged with them.

Drug Offenses

July 12, 2012

What Happens after I am Arrested in Jacksonville?

by David M. Goldman

Jacksonville Arrests occur all the time and when you caught off guard and arrested by the Jacksonville Police, you may not know what to do or say. That is where the advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. In Jacksonville, first appearance court (also known as bond hearing), most Criminal Defendants will not be represented by a Jacksonville Criminal Defense Lawyer. This can prove to be a mistake if the Defendant has a record or the offenses are serious. They could be denied bail and remain in jail until their court date.

Under Florida law, a Jacksonville Criminal Defendant is entitled to appear before a judge within 24 hours of his arrest. Due to this Florida law, Duval County first appearance court is held twice a day, every day.

I have seen many Jacksonville Criminal Defendants stand before a judge without representation. Although there is a Jacksonville Public Defender present in the room, this is only one Defense Lawyer to represent all the Jacksonville Criminal Defendants for day. It is not possible for a Criminal Attorney to zealously and adequately represent that many Jacksonville Criminal Defendants at one time.

June 29, 2012

How Do I have a Florida Criminal Record Sealed or Expunged?

by David M. Goldman

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 Record Seal/Expunge Attorney may be able to help! As a Jacksonville 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.

June 14, 2012

Record Seal, Expunge: Most Common Question and Misunderstanding

by David M. Goldman

As a Jacksonville Criminal Attorney I handle all types of criminal cases and strive to deliver the best possible outcome for my clients. In dealing with Criminal Law issues, I also handle Florida Record Seal, Expunge matters. This allows me to provide my clients assistance after the judicial system has taken place.

To be eligible for a Florida Record Seal, Expunge you must meet several statutorily defined criteria. All these criteria can be explained by me during our initial FREE consultation. However, recently I have received a large number of calls regarding past Criminal charges and their potential to be Sealed or Expunged. Let me Clarify one point, IF you have ever been CONVICTED of any Criminal Offense, you are NOT eligible for a record Seal or Expunge of ANY of your Florida Criminal Offenses.

Therefore, if your Florida Criminal History shows a CONVICTION, you are not applicable. However, if the charges were DROPPED or adjudication was WITHHELD, you could still potentially have your Florida Record Sealed, Expunge.