Legal Question in Criminal Law in Florida

Re: 13 year old felony

Just because he was 17 when the incident occurred, that does not preclude the State from charging him as an adult. Many times children even younger than 17 are charged as adults.

However, he may still be eligible to have the charges sealed and later expunged.

If you would like to discuss this process further, please feel free to contact my office at your convenience.

Re: 13 year old felony

Whether he will be able to seal (have govt agencies close their files to the public) or expunge (have the agencies destroy their records), will depend on the actual charge made against him, whether it was actually prosecuted to a disposition versus it being dismissed beforehand, possibly through a diversion program, and if it was prosecuted, whether the disposition resulted in an adjudication (conviction), and whether he has ever been convicted or anything else, be it a criminal traffic (not a civil infraction like speeding), ordinance violation, misdemeanor or felony. If the crime charged was misdemeanor battery, and he did not go through a diversion program, and instead pled guilty and received a sentence (even if adjudication was withheld), the law prohibits him from ever having the crime sealed or expunged. Battery is among many other crimes, all more serious, for which sealings/expungements are presently denied. If that is the case, he would need to petition the clemency board for a pardon. But it all starts with his original charge and its outcome, so head to the clerk's office where that case occurred, pull the file, and copy the sentence, disposition sheet, or order of probation. Feel free to call me with any further questions.