Legal Question in Criminal Law in Florida

Getting My record expuged

I was charged for 2 misdemeanors for worthless checks both less than $130 the case was in 1999 and one in 2000, i was charged in 2004. i discovered the statue of limitation had expired which is 2 years of the date check is written so by at least 4 years, it is now on my record mind u i was stopped for traffic violation and this is how i found out about the 2 charges. How can i get my record cleared since i should not have been charged anyway due to the statue of limitation had expired.


Asked on 3/15/07, 10:54 am

1 Answer from Attorneys
Thomas Rosenblum Rosenblum Law Offices

Re: Getting My record expuged

Hello: I just read your question. Initially, it should be mentioned that this is not a formal legal opinion. I do not have all of the facts of the scenario and we are not in an atty./client relationship. This is simply a discussion of general legal principles.

You indicate you were charged in 2004. Did you plead to the charges and get sentenced?

Next, did the court withhold adjudication of guilt? Usually on check cases where the person did not have a bad prior record, the court only wants restitution, court costs and may order adjudication of guilt to be withheld.

This is significant as one can only seal a record of a crime if adjudication was withheld on the instant case and the person had never been adjudicated guilty in any other case.

'Hope this helps. If my office can be of any assistance to you in North Fla., please give us a call. Tom Rosenblum

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Answered on 3/15/07, 12:01 pm


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