Legal Question in Criminal Law in Florida
I have an adjudicated guilt of a conviction for petty theft on my record and I cannot get it expunged or seal,Is there anyway I could possibly reopen the case and hopefully get a different outcome?
2 Answers from Attorneys
Unless it is within 30 days of your sentencing, where you could potentially withdraw your plea, the answer is no.
You have a very short amount of time in which to file a motion to vacate the sentence. Courts will only withdraw a plea of guilty or no contest after a sentence in the most rare situations, and only to correct or avoid a manifest injustice. In your situation, it is very unlikely, although you should still have an attorney review the details of your plea to determine if something occurred incorrectly. Plus, keep in mind if you are successful in withdrawing your plea that does not make the case go away and it does not assure you that you will have a different outcome.
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