Legal Question in Criminal Law in Florida

Expungement ?

My son was arrested last year on a 3rd degree felony(possession of more than 20 gms of marijuana). He plead no contest,adjudication was withheld and he went through pretrial intervention. That included 1 yr probation, paying fees to the state, community service hours and monthly visits to his PTI officer with random urinalysis testing. The judge's ruling was that if he satisfied all terms of PTI the charges would be dismissed, and they were. Does a felonyremain on his record in a dismissal and if so, does it need to be expunged ? On job applications, does he have to list this at all ?


Asked on 11/14/08, 7:56 pm

2 Answers from Attorneys
Aaron Slavin Slavin Law Firm, LLC

Re: Expungement ?

Yes. If he was arrested for felony Possession of Marijuana, his arrest record is still public record (even though the criminal charge was ultimately dismissed). If his case was dismissed by virtue of his completion of the State's PTI program, he is most likely eligible to have his arrest expunged. If he was currently asked whether or not he had a prior arrest record, or whether he had ever been arrested for a felony, he would have to answer YES.

However, if he files for an expungement and one is granted, he will be able to legally deny the existence of that charge/arrest.

Please visit my website at: www.slavinlawfirm.com for information on sealing and expungements of criminal arrest records.

If you have any specific questions, you can call my law office and/or email me at: [email protected]

Good Luck!!

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Answered on 11/14/08, 8:16 pm
Valerie Masters Valerie Masters, P.A.

Re: Expungement ?

If this his only charge in his lifetime, then he qualifies for expungement. Until he goes through the expungement process, he must reveal it if asked. I handle this issue in my practice, please call me if interested.

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Answered on 11/15/08, 6:56 am


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