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


Asked on 10/25/07, 7:30 pm

2 Answers from Attorneys

Samuel J. Rabin, Jr. Samuel J. Rabin, Jr., P. A.

Re: Conditional discharge

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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.

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Answered on 10/25/07, 10:37 pm
Scott R. Jay Law Offices of Scott R. Jay

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.

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Answered on 10/25/07, 11:44 pm


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