Legal Question in Criminal Law in Florida

in 2004, my adult son was charged with felony larceny. the judge said the case was dismissed, but his record shows "adjudication withheld". in 2007 he was charge with felony "unlawful dumping". he pled no contest, paid a fine and served probation. can we have the 2004 charges exponged from his record? if so, do we need an attorney and does that attorney need to be practicing in the same county as the charges were filed?


Asked on 6/08/11, 9:59 am

2 Answers from Attorneys
Craig Epifanio Craig Epifanio, P.A.

You can have the 2004 charge sealed (not expunged) from his record, if, and only if, he was not convicted of the 2007 charge, or ANY other charge. An attorney isn't mandatory but it will certainly be helpful. As far as the county, if they are admitted in Florida, then they can handle any county. Furthermore, an attorney may end up saving you money because they should be able to tell you whether your son is even eligible.

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Answered on 6/08/11, 12:20 pm
Amir Ladan The Ladan Law Firm, P.A.

I would encourage you to retain counsel to determine what, if anything, can be done to proceed with a petition to seal or expunge the 2004 offense from his record. It is helpful, but not mandatory, to have a lawyer that practices in the county where the case originated.

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Answered on 6/08/11, 12:27 pm


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