Legal Question in Criminal Law in Florida
Conditional discharge
Hello back in 1997 i pleaded guilty to insurance fraud 4 degree felony conviction i was sentence to a conditional discharge and a fine which was paid in full i did not serve any time at all this was in the state of new york i live in florida now and my question is can i get my record exponged and the arrest as well and how much will that cost me? Thanks
2 Answers from Attorneys
Re: Conditional discharge
ADVICE TO RECIPIENT: The information and opinions contained herein are based upon the limited amount of information that you provided. Our response to your query is not intended to serve as legal advice upon which you should rely or act. In order for you to be confident that you can rely and act on information provided by an attorney, you should establish an attorney-client relationship, meet with the attorney and have an open and honest dialog, during which you disclose all the pertinent information and thereafter receive a reliable opinion from your lawyer.
CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential information, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.
CIRCULAR 230 NOTICE: To comply with U.S. Treasury Department and IRS regulations, we are required to advise you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this transmittal, is not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this e-mail or attachment.
------------------------------------
You are eligible to have your record sealed if you were not convicted of the felony count(s) to which you pleaded guilty. In other words, if the court withheld adjudication, as opposed to entering a conviction, and you have no other arrests or convictions, you may be able to seal your Florida case.
Re: Conditional discharge
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
If the earlier cases happened in New York, then you will have to go to New York to try and seal or expunge your record. Florida courts have no authority to seal or expunge the records of another state. If you were adjudicated guilty, then Florida would not agree to seal or expunge your file anyway.
Scott R. Jay, Esq.
Related Questions & Answers
-
Penalties In Florida what is the penalty for taping someone with out their knowladge... Asked 10/25/07, 6:00 pm in United States Florida Criminal Law
-
Jurisdiction ran out My fiance had court 3/2005 which the judge signed a court order... Asked 10/25/07, 2:19 pm in United States Florida Criminal Law
-
Fugitive declared dead My ex-husband is a fugitive from the law. He's been missing... Asked 10/24/07, 9:26 pm in United States Florida Criminal Law
-
Expunge of sealing a record I was arrested and convicted of possession of... Asked 10/24/07, 5:31 pm in United States Florida Criminal Law
-
Us or fl supreme court case i need a case that has to do with false testimony. latin... Asked 10/24/07, 3:59 pm in United States Florida Criminal Law