Legal Question in Criminal Law in Florida
sealing/expunging criminal record in Florida
I had an arrest incident of a weekend's time about 7 years ago. Adjudication was withheld for disorderly conduct and I pled (by mail) and was adjudicated guilty for a shoplifting charge. I'm a military officer and need top secret clearance. How can I get these charges off my record? (especially given that I was adjudicated guilty)
2 Answers from Attorneys
Re: sealing/expunging criminal record in Florida
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.
Once you have been found guilty of a criminal charge, your record cannot get expunged. It is a permanent record which remains forever.
There is only one way that I can think to clear your record and it will only work sometimes. I have been successful in a few cases of convincing a judge to reopen a file, set aside the judgment and allow a trial on the merits. This is totally dependent upon the court and there is no guarantee that a judge will grant such a request.
I would strongly suggest that you consult an experienced criminal attorney in the county in which the incident occurred to question if this might be doable. The attorney might have to speak with the judge and explain your particular job circumstances. Good luck.
Scott R. Jay, Esq.
Re: sealing/expunging criminal record in Florida
Unfortunately you cannot do anything, once you have a conviction.
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