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Kenneth Edward Andrews

Kenneth Andrews’s Answers

6 total

  • What do I need to do to expunge a aggravated assault & battery charge off my record it's 20 years old

    I would like to know what can I do to get my record sealed or expunge over 20 years old and aggravated assault and battery this is really effecting my life only trouble I've ever had and also I want to restore my civil rights

    Kenneth’s Answer

    You can not expunge your charge because you can only expunge a case if it was dismissed by the State. There are circumstances when someone can have their record sealed. The key questions to know is 1. Did you have adjudication withheld, 2. Do you have any other convictions and 3. what is the nature of the criminal charge against you.
    Your charge was a felony. In Florida if a judge adjudicated you guilty then you would be considered a convicted felon. If, however, the court withheld adjudication, that is the equivalent to no conviction. You must have had a withhold of adjudication in order to be eligible to have a record sealed.
    Even if you had a withhold of adjudication, the statute only allows someone to seal their record if they have no other criminal convictions and they have never had a prior case sealed or expunged in Florida or any other state. It is meant for first time offenders.
    Finally, certain charges can never be sealed because of the nature of the charge. Unfortunately, in you case an aggravated assault and battery are explicitly cited as NOT eligible to be sealed.

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  • Pre-trial diversion program completed 1995, in 2012 google shows my (pic) mugshot, how can this get removed after all these yrs?

    My certified copy says no information found,,,, I have had 3 FDLE backgrounds fingerprints done and nothing returns back to employer. I'm very concerned being that I have a corporate job that this may haunt me some kind of way.

    Kenneth’s Answer

    I called the Florida Bar ethics number about this issue about a client a short time ago. I explained that I had expunged a case for the client but her mugshot was still showing up on these websites. The woman I spoke to seemed surprised by this news and advised that I had done everything available by law. These website are getting the mugshots from the jail websites then posting them and asking for money to remove them. It is similar to the class bully taking your money to "protect" you from the class bully. Some websites will remove the pictures if you can show them that the case was dismissed. Others require money only. Be careful, if you pay one website to remove your mugshot, there is no way to prevent it from showing up on another website later.

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  • What are we looking at for penalty's???? jail time? We've never been arrested before and never committed any other crime.

    My friend and i are charged with: 1) LARC-RETAIL THEFT 2) FRAUD-ILL USE CC 3) FRAUD-OBT PROP UNDER $20000

    Kenneth’s Answer

    • Selected as best answer

    In Seminole County the prosecutors I have dealt with are fair and will usually listen to my clients side of the case. These prosecutors will also generally look to see what prior convictions the defendant has. In your case, you indicated that you have never been arrested before. I don't know the facts of your case, but the fact that you have no prior arrests is helpful. Remember, the State has the burden of proving their case against you. Your question immediately asks about the penalties attached before we have established whether the State can prove these charges against you. Please meet with an attorney prior to making any decisions regarding your case. One of the other attorneys has listed the statutory maximums for your charges, but remember the facts of each case are unique.

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  • Could someone explain to me this new law for immigration ? will it help an illegal who is married with children in the U.S how

    new laws for immigration

    Kenneth’s Answer

    As you have heard by now the new policy changes effect someone who entered the US before they turned 16, are not over 30 years old and have been in the US at least 5 years. It doesn't matter if the person is married or has children. If you do not fall into this category there may still be avenues of relief for you depending on the length of time in the US and the what hardships will occur to your spouse and children (depending on their status in the US). It would be best to contact an Immigration attorney to discuss all options that may be available.

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  • The halt of deportation for "dreamers" What to expect from these new changes?

    How someone would be affected by the executive order of the president to halt deportation of those who entered the country when they were under 16 years of age. Came to the country 7 years ago and just finished high school and going to college soo...

    Kenneth’s Answer

    As you can understand our office has received numerous calls regarding the new policy change. As has already been explained, although the policy went ointo effect immediately, nothing can be affirmatively done until 60 days from the July 15, 2012 announcement. This is because we are all awaiting the Department of Homeland Security's procedures. We are all waiting for the specifics.

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  • I am a natural citizen of the U.S. and i want to get married. My fiance is an illegal immagrant who entered the U.S. illegally.

    will i be able to marry her and legalize her residency here in the U.S. she is fro Honduras

    Kenneth’s Answer

    As is usual there is not a simple answer to your Immigration question. Typically, a person who entered the US without inspection cannot adjust status with marraige. That doesn't mean that your fiance is without options. There are several circumstances that may allow her to stay in the United States, however, they are very fact specific and probably requires a visit to an attorney in order to cover them all.

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