Legal Question in Criminal Law in Florida

I was incarcerated during a UF game for possession of alcohol in the stadium. I was bonded out and am waiting to get my summons to appear. As I live in VA, I am going to send in my Plea of Absentia and send in my $ for my fine. My question is - can I plead "No Contest" instead of guilty so that I may get the charge exsponged from my record? Or can I only plea no contest if I were to appear in person. Second, what is the process of getting this charge exsponged? I have a clean record and would have to have an arrest on my record for nothing more than open container.


Asked on 10/20/09, 10:14 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

It's up to the judge to decide to accept a no contest plea but they usually accept them because it has the same effect as a guilty plea. As far as getting this expunged, it depends. If the judge withholds adjudication, then you are eligible to have it sealed (but not expunged for 10 years of a clean record). If you are adjudicated guilty then you can never get the charge sealed or expunged. Although you are doing this via a plea in abstentia, it's probably a good idea to have a Florida attorney handle it so that you can avoid being adjudicated guilty. There are plenty of good lawyers in Gainesville, so I would give one or several a call. Good luck.

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Answered on 10/20/09, 11:50 pm


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