Legal Question in Criminal Law in Florida
I was arrested in Florida June of 2010 for burglary of a structure and plead nolo contendre and had adjudication withheld. I was sentenced to 18 months probation as it was my first offense, my record is otherwise entirely clean. It was essentially a high school prank gone horribly wrong. I am currently serving my probation with no issues, and have complied entirely with the program. What are my options at this point? Is there any way to reduce the charge to a misdemeanor at this point? If not, what are my options for terminating my probation early and sealing or expunging my record? Thank you in advance.
2 Answers from Attorneys
Since your case is already resolved, reducing it to a misdemeanor is not really an option (it is not impossible, but would be extremely difficult). In most jurisdictions the judges allow early termination of probation after half of the time has been completed (9 months in your case) and all the fees/conditions are completed. After your probation is completed, your offense should be eligible for sealing. After being sealed for 10 years you can petition to have it expunged.
In Miami you typically need to complete half the probation before asking to terminate early. With the withhold you will be able to seal so long as your record is clear of any convictions. If you need any help in this regard feel free to contact my office.
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