Law Office of Marci D. Silver, P.A.

I had a consultation with a potential client the other day regarding sealing and expunging their record. They were horrified to discover that they are not eligible to remove the charge from their record because they have been previously convicted for an offense.

To begin with, expunction is a right that you have in Florida to remove one item from your criminal record provided that you meet certain criteria. Many people, this potential client included, were surprised to find out that they were ineligible to remove the offending charge for one or more of several reasons. It is important when you hire an attorney for your criminal defense that you make sure that attorney is apprised of current expunction and sealing law. For instance, you are not eligible to remove under any circumstances most cases related to sex offenses, domestic battery or schemes to defraud and abuse of the elderly or children. There are other crimes that are precluded but there are too many to list here. This is a public policy to protect others in the public but should you consider a plea bargain a good deal, you should also look at the future cost by entering into a plea before the court on a case of this nature. Even if the court withholds adjudication of guilt in your case, you will be ineligible in these classes of cases to seal your record. In addition if you have ever been adjudicated guilty of any criminal offense including criminal traffic offenses, you will also be precluded from eligibility to remove ANYTHING from your record.

The State of Florida has made it clear that the rules of expunction are only for a select few the state deems non-threatening to the public. It is critical that at the time of a plea negotiation, you are well informed of the future ramifications of your decision.

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This entry was posted on Friday, March 7th, 2008 at 12:41 am and is filed under Criminal Law. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.