Legal Question in Criminal Law in Florida

Felony

I am currently in the US Air Force,(16 yrs) as I was back in 1992 when I was convicted of Assault and Battery. Is there any way to get this off my record as I plan to persue a degree as a Pharmacist and I feel like it is hampering my Security Clearance. I have also been told that depending on the type of felony it may come off of my record in 10 years. Is this true and if so how can I find out? I would also like to know about expungement.

Thank you very much.


Asked on 11/06/02, 8:09 pm

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Felony

Unless the felony conviction was disposed of by a conditional discharge, the elimination of a felony record in NM can be gotten only by a pardon by the Governor.

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Answered on 11/07/02, 8:34 am
Eric Dirga Eric J. Dirga, PA

Re: Felony

I WILL RESPOND IN ALL-CAPS.

I am currently in the US Air Force,(16 yrs) as I was back in

1992 when I was convicted of Assault and Battery. ASSAULT AND/OR BATTERY ARE BOTH MISDEMEANORS, NOT FELONIES. YOU MAY BE CONFUSED WITH WHAT YOU WERE ACTUALLY CHARGED. Is there any

way to get this off my record as I plan to persue a degree as a

Pharmacist and I feel like it is hampering my Security

Clearance. IF YOU WERE NOT CONVICTED AND THE CHARGE IS NOT ONE THAT IS PROHIBITED (BOTH ASSAULT AND BATTERY CHARGES ARE ALLOWED TO BE SEALED). I have also been told that depending on the type of

felony it may come off of my record in 10 years. Is this true

and if so how can I find out? I WILL TELL YOU: NO, THAT IS FALSE. IT WILL NOT DISAPPEAR OFF YOUR RECORD BY ITSELF. I would also like to know about

expungement. IF YOU PLED TO IT THEN YOU WOULD HAVE TO SEAL THE RECORD FIRST. THE DIFFERENCE BETWEEN A SEALING AND AN EXPUNCTION IS TRIVIAL - THEY BOTH ACCOMPLISH WHAT YOU NEED; REMOVAL FROM YOU RECORD AND FROM THE PUBLIC EYE.

Thank you very much.

I HAVE A FEW QUESTIONS: WHERE DID THIS OCCUR? WHAT IS YOUR FULL LEGAL NAME AND DATE OF BIRTH? IF THIS OCCURRED IN CENTRAL FLORIDA I CAN CHECK TO SEE IF YOUR CHARGE QUALIFIES FOR A SEALING OF THE RECORDS. IF YOU LOOK AT MY WEBSITE YOU WILL SEE ADDITIONAL INFORMATION REGARDING SEALING YOUR RECORDS.

SINCERELY ERIC J. DIRGA

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Answered on 11/07/02, 11:56 am


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