Legal Question in Criminal Law in Florida
I have been giving the run around about clearing my record. I live in Pensacola, FL. There are alot of attornies here that say that I ca do it, then there are some that say that I can't. I have complete everything since 2003. I was convicted and sentenced in 2001 for Accessory after the Fact of a Robbery. The original charge was Robbery with a firearm but was reduced to the Accessory. I have not gotten into anymore with the law except for some speeding tickets, but other that, nothing. I work full time and trying to get back in school to finish trying to get my degree, but I can't finish the field I want to do until I get my record cleared. I don't know what to do or who to believe anymore I need some help so I can get this rolling and put behind me.
2 Answers from Attorneys
Find out if adjudication was witheld or not from the court clerk where the case happened. Call, write, go in person to find out. That is all you need to know. If adjudication was withheld then then YES you can clear up your record. The clerk should have forms to start cleaing up your record, or you can go to the Florida Dept. of Law Enforcement website to get the forms. You don't need an attorney for this yet.
According to the Florida Statutes, if you have ever been convicted ("adjudicated guilty") of a crime before, you are not eligible to seal or expunge your criminal record in Florida. It is true if you pled guilty or no contest, but adjudication was withheld, you MAY be eligible to seal or expunge your record, IF you meet ALL other eligibility requirements under the statutes (for example, you can never have sealed or expunged a record before). If you can answer "no" to the following 3 questions, you are likely eligible to seal or expunge:
1. Have you ever been adjudicated guilty of a crime before, in FL or anywhere else?
2. Have you ever sealed or expunged a record before?
3. Are you currently under court supervision?
Clerk of Courts is a good place to start for free legal assistance and forms. Lots of attorneys offer free case evaluations too.
Good luck,
Karen
http://www.ExpungeRecordFlorida.com
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