Legal Question in Criminal Law in Florida

Make My Dream Come True

is it possible to have a criminal record erased


Asked on 6/09/07, 6:45 am

4 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Make My Dream Come True

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If you have been found guilty of a criminal charge, your record cannot get expunged. It is a permanent record which remains forever.

Alternatively, if the charges were dismissed or adjudication was withheld and you completed all requirements of whatever sentence you had, then you can file a Motion to Expunge your record.

Florida law allows you to expunge your non-judicial (police records, corrections records, and other agency records) and judicial records (state attorney and court case files) if you meet these basic requirements:

1. You have never applied for a criminal record sealing or expunction before;

2. You have never been convicted of a crime, misdemeanor, criminal ordinance, or a felony; and

3. You are not under any type of Court Supervision (probation, community control, or any other court ordered program).

If your record is expunged it means that the records regarding your case are destroyed and unavailable to the general public. Also, information regarding the arrest and court case is not available to the general public if a criminal background check is conducted.

I would strongly suggest that you retain an attorney to help you if you qualify.

Scott R. Jay, Esq.

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Answered on 6/09/07, 1:50 pm
Valerie Masters Valerie Masters, P.A.

Re: Make My Dream Come True

Yes criminal records can be expunged or sealed under certain circumstances. Pls call me to see if you qualify.

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Answered on 6/14/07, 4:55 pm
Robert M. Perez Law Office of Robert M. Perez, State and Federal Criminal Defense

Re: Make My Dream Come True

Go to pdmiami.com. Under the section of community involvement there is a section that answers all questions regarding sealing and expunging criminal records. If you have any further questions, please contact my office to discuss.

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Answered on 6/11/07, 11:41 am
Scott Cupp Law Office of Scott H. Cupp, LLC

Re: Make My Dream Come True

In Florida if you have never had a prior conviction and on the charge you are seeking to "erase" the court withheld adjudication you are eligible to have the case/charges sealed and the expunged. The form is available at the SAO or the Florida Department of Law Enforcement. A lawyer can guide you through it if you like.

Scott H. Cupp

Law Office of Scott H. Cupp, LLC

West Palm Beach, FL

"The Office that Makes Dreams Come True"

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Answered on 6/09/07, 7:13 am


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