I need to correct the charge of a possession of a controlled substance case.

Asked over 1 year ago - Orlando, FL

I pleaded guilty to a charge of possession of a controlled substance with intent to distribute (less than 1 gram) on the premise that my attorney guaranteed me would be reduced to a misdemeanor but In my background checks it is showing up as a felony. What can I do to get this corrected or even expunged?

Attorney answers (5)

  1. Amber Hill

    Pro

    Contributor Level 14

    10

    Lawyers agree

    Answered . You will have to withdraw your plea, if no more then 30 days have passed or appeal your case. If you got a withhold of adjudication and are otherwise eligible you may be able to seal your charge. You should meet with a criminal defense lawyer to see if any of the things I have mentioned are in fact, an option.

  2. Ralph H. Schofield Jr.

    Contributor Level 12

    10

    Lawyers agree

    Answered . The answer depends on whether the background checks are incorrect or your lawyer was incorrect. If the lawyer was incorrect, and the result truly was a felony conviction, see Ms. Hill’s advice above. If the background checks are incorrect—and I have seen this occur with regard to pleading to a lesser offense—the procedure below applies.

    Assuming the error is on the Florida Department of Law Enforcement (FDLE) criminal history report, the practical first step is to contact the arresting agency, such as the county sheriff’s office if that is who arrested you on the charge of possession of a controlled substance. Under the Florida Administrative Code, at Rule 11C-8.001(5), an individual believing his criminal history record to be incorrect or incomplete must contact the local law enforcement agency responsible for that part of the criminal record.

    The law enforcement agency may work with the FDLE to make corrections or deletions. If it does not, Florida law provides for a method of petitioning for a special hearing panel to review the request in more detail. And then yet another appeal up to the FDLE, and then to a Circuit Court.

    It all starts with establishing, in writing, a request to the arresting law enforcement agency. While you might do this part yourself, an attorney can help you craft the request for potentially better results. If the initial request is denied and you must begin petitioning for review, an attorney is highly recommended.

    Assuming it was an error in the criminal history report, expunction is not the appropriate procedure. But if you do need to seek expunction because you have exhausted other avenues, that procedure typically begins with either (1) an application to the FDLE for a “certificate of eligibility” for expunction; or (2) a petition to the FDLE for expunction along with the endorsement of either the chief of the law enforcement agency or the state attorney.

    Best of luck to you.

    The information provided in this and other answers on Avvo are general in nature and limited to the facts as... more
  3. William David Umansky

    Pro

    Contributor Level 19

    9

    Lawyers agree

    Answered . You just got great advice from my colleagues. If you pled to the misdemeanor, the felony arrest will still show. You can seal your record if you were not convicted. Call me at 4075886714 if you have more questions as I practice in Orlando!

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or... more
  4. Corey Ira Cohen

    Pro

    Contributor Level 15

    6

    Lawyers agree

    Answered . Set up a consultation with your attorney to figure out what is going on. That is the best way to get it resolved and not have to pay another attorney to help you. If you cannot get anywhere with your original attorney then contact one of us for a free consultation.

    For more information or to set up a free consultation contact the Law Office of Corey Cohen at 407-246-0066 or... more
  5. Mark H Randall

    Pro

    Contributor Level 15

    4

    Lawyers agree

    Answered . Sound advice from the other AVVO attorneys!

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