Legal Question in Criminal Law in Florida

Qualification for Expungement

I read on a web site that the listed offense cannot be sealed if you have been found guilty of committing it. To have been found guilty you would have had to enter a plea of guilty or no contest, or had been found guilty by a jury after a trial. These offenses are prohibited even if adjudication of guilt was withheld.

�817.034 - Scheme to Defraud. When I was arrested, on the local county sheriffs web site it says that I was arrested for Identification Theft and Scheme to Defraud/Obtain Property. BUT in the court documentation, it states that I was formally charged with State Statutes 8170344a2 (Organized Fraud) and Statute 8175682 (Criminal Use of PErsonal ID Information. I am wondering if I would still qualify for expungement, which of these is formal? Is the scheme to defraud just something entered into their system at the Sheriffs office or is it formal? I hope I have been clear with asking this question.


Asked on 12/13/04, 3:44 pm

2 Answers from Attorneys
W.F. ''Casey' Ebsary Law Office of W.F. Casey Ebsary, Jr.

Re: Qualification for Expungement

We need to submit appropriate requests to determine eligibility.

W.F. Casey Ebsary, Jr.

Attorney and Counselor at Law

112 South Magnolia Avenue

Tampa, Florida 33606

813.222.2220 Voice

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www.centrallaw.com

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Answered on 12/13/04, 3:50 pm
Richard Hornsby Richard E. Hornsby, P.A.

Re: Qualification for Expungement

Hello,

There seems to be two issues in your question and I will address both.

First, if you are formally adjudicated guilty of this offense, or any criminal offense, you are ineligible to ever have your criminal record sealed or expunged. A formal adjudication of guilt is not when you actually plead guilty or no contest, but occurs afterwards when the Judge imposes sentence and actually says I adjudge you guilty of this offense or (what you want) I withhold formal adjudication of guilt.

Many times, especially for first offenders, a judge will accept your guilty plea, but withhold formal adjudication of guilt (AKA withhold of adjudication). If this happens, and you successfully complete probation, you will be eligible to first seal your criminal record, and then ten years later formally expunge it.

One important note, I believe your offenses are second degree felonies. Under new law that went into effect, the State Attorney must stipulate to a withhold of adjudication before the judge can impose it. This will likely need to be a specific part of any plea discussions.

The second part of your question regards whether you will be able to seal and later expunge this conviction. Assuming that the Judge withholds adjudication, your offense is eligible for sealing and expungement. There are enumerated specific offenses that are ineligible for sealing and expungement, but your charge is not one of them.

Please feel free to visit the Sealing and Expungement section of my web site for detailed information. This can be found at the link below:

http://www.floridatrialgroup.com/criminal/record/index.shtml

Best of luck,

Richard Hornsby

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Answered on 12/13/04, 4:14 pm


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