Legal Question in Criminal Law in Florida
Expungement
I've heard if you've had a prior DUI
conviction, you will not be able to
get another charge (possession of
a controlled substance-Withheld-)
expunged. Is this true? I need to
get this possession charge
expunged or seal. If any criminal
defense attorney could make this
happen or you need more
information, please let me know! I
need to get this done a.s.a.p
1 Answer from Attorneys
Re: Expungement
What you had heard is correct. Your DUI, unless it was amended to reckless driving, necessarily resulted in an adjudication/conviction. That conviction, or any other conviction for a felony or misdemeanor, criminal traffic violation or local ordinance violation, or even of a juvenile charge, permanently prevents you from sealing or expunging anything. I suppose that were you to receive a governor's pardon for the DUI, that might change things, but such a pardon would be farfetched, and even if obtained, you would likely have to sue the FDLE, to get it to issue you a certificate of eligibility for sealing, since a pardon is not mentioned in the statute as an exception to allow sealing after a conviction. Arguably, though, it should be allowed.
Mark Hanks
Attorney Hanks, PA
St. Petersburg, FL
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