Legal Question in Criminal Law in Florida

Can I get a 2nd petty theft charged erased? Can I reopen a case? Does Nolle Pros-Cour Opt & WH/ADJ W/Fine and Court Cost means no conviction was made?

In 2000 , I went to Walmart w/a friend that stole $75 in merchandise while in the fitting room. End of the story we were both charged w/petty theft. Ashamed and not knowing my right and law of the land I pled guilty to the chages and the action taken by the judge was WH/Adj w/Fine and court cost. I sealed the case and moved with my life. Howver, 2 years ago while I was @ the store w/my 18 year old niece and her friend, they both decided to concealed a top in their purses w/out paying for it and when they were approched by the security guard I took the fault to avoid my niece been involved in a legal matter that would affect her future. I did it w/out knowing that you can only have 1 record expunged/sealed. I am 36 and I am presently applying to a graduate program. Is there anything I can do to have that record erase? What can I do at this point? Can I re-open that case again? Please, advise.


Asked on 6/18/12, 5:56 pm

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

It's certainly too late to do anything about the charge that you had sealed. As far as the most recent charge, I suggest you get an attorney and fight this charge. That may be your only hope of truly getting this behind you. You will never be able to even get this new charge sealed even if you get the charge dismissed or are found not guilty but it is better than having it on your record as a conviction.

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Answered on 6/18/12, 7:11 pm
Joseph Vredevelt Best Vredevelt & Associates

You only get one sealing/expunging in your life in Florida. So even if you beat the second case it will show on a records check. Your only other option would be to apply for a pardon from the Governor.

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Answered on 6/19/12, 1:23 am


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