Provided you were not convicted, but received a withhold of adjudication, you may qualify for sealing. Call my office for a free consultation.
John S. Riordan, Esq.
West Palm Beach, FL
John S. Riordan, Esq., is a partner with Kelley, Kronenberg, Gilmartin, Fichtel, Wander, Bamdas, Eskalyo & Dunbrack running the West Palm Beach Criminal Defense and White Collar Crime Division. Mr. Riordan is a former Palm Beach County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. He can be reached at (561) 886-2620 for a free consultation. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.
You will need to hire a criminal lawyer to assist you in this sealing.
If you were not adjudicated guilty of that offense and have no other adjudications in your past, then you qualify for a sealing of the records.
You do not qualify for an expungement as an expungement can only be applied for if the charges were dismissed by the court or the state dropped the charges.
The statute that governs sealing is F.S. 943.059 (1) - PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each petition to a court to seal a criminal history record is complete only when accompanied by:
(a) A valid certificate of eligibility for sealing issued by the department pursuant to subsection (2).
(b) The petitioner’s sworn statement attesting that the petitioner:
1. Has never, prior to the date on which the petition is filed, been adjudicated guilty of a criminal offense or comparable ordinance violation, or been adjudicated delinquent for committing any felony or a misdemeanor specified in s. 943.051(3)(b).
2. Has not been adjudicated guilty of or adjudicated delinquent for committing any of the acts stemming from the arrest or alleged criminal activity to which the petition to seal pertains.
3. Has never secured a prior sealing or expunction of a criminal history record under this section, former s. 893.14, former s. 901.33, former s. 943.058, or from any jurisdiction outside the state.
4. Is eligible for such a sealing to the best of his or her knowledge or belief and does not have any other petition to seal or any petition to expunge pending before any court.
If you received a with hold of adjudication, have no convictions on your record and haven't already had a Petition to Seal/Expunge granted, then you should be eligible to seal this record.
Provided you have no convictions on your record for any offense at any time, provided adjudication was withheld for the charges that you were on probation for, and provided you have never sealed or expunged a record before, you may be able to seal this charge.
All comments made by the attorney are mere statements of opinion and are not intended to be interpreted as legal advice. There is no attorney-client relationship formed as a result of this comment.