Legal Question in Criminal Law in Florida
in march of 2005 i went to court and pled nolo contendere to grand theft.judification was withheld.I was placed on probation for 18 mos.I have no other prior arrest.Do i qualify for a seal or expunge of my record?I live in Jacksonville Florida.
3 Answers from Attorneys
Assuming you have NO OTHER convictions, then you can get this withheld charge sealed. You also can't have applied in the past in this or any other state. Talk to a local attorney to be sure.
You should be able to get your record sealed, or even expunged. The process requires getting judgment and sentences, and a certain procedure under Florida law. Please call me if I can be of help.
Florida Statute 943 governs Sealing & Expunging. You can only seal or expunge one case from your record, so I concur with Mr. Epifanio's answer in that so long as you have no other criminal convictions of any kind and have never previously been granted similar relief; you should qualify to petition to have your grand theft charge sealed. Once it has been sealed for ten years, so long as you have no intervening criminal cases, you can petition to have it expunged from your record. You cannot have a criminal record expunged unless the offense was no billed, no info'd or nolle prossed by the State (different language reflecting a dismissal of the charges) or if you were found not guilty at trial.
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