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.
2 Answers from Attorneys
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.
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
Related Questions & Answers
-
Criminal Mischief arrest--rights violated? 10 days ago, I was arrested for Criminal... Asked 11/06/02, 12:02 am in United States Florida Criminal Law
-
Can i vote back in 1982. arrested for possession of marijuana. Dont remember if it... Asked 11/04/02, 12:21 am in United States Florida Criminal Law
-
Inmate needs medical attention My fiance is in jail for a VOP on a perscription... Asked 11/02/02, 11:27 pm in United States Florida Criminal Law
-
Domestic Violence I pressed charges against my boyfriend for domestic violence and... Asked 11/02/02, 10:20 am in United States Florida Criminal Law
-
Domestic Battery I had my boyfriend arrested for Domestic Battery. He was I bonded... Asked 10/31/02, 10:50 pm in United States Florida Criminal Law