I was arrested and my charges were: grand theft in the 3rd degree and criminal use of personal identification information. Case was finished and I was given withheld adjudication and had to complete probation. While I was on probation another case arouse from the first incident with the same charges: grand theft in the 3rd degree and criminal use of personal identification information. Got a lawyer this time went to court and somehow I was given withheld adjudication again (I though it can only be given once in the state of Florida). My lawyer said that this case was opened from some information from the first case. Well I completed my probation and was terminated early. After that I applied to have my first offense expunged. Heard back from the state and they said I had to seal it first for 10 years. Well I just finished the process and successfully sealed my first case. No longer appears on my record but the second one still does. I've been researching and was wondering, since the second case was derived from information from the first one and also adjudication was withheld is there a way to petition to have the second case also sealed since it's the same charges as the 1st one.
So long as both charges arose out of the same common criminal episode and the facts are connected, you will be eligible to have the second case sealed as part of the first case. However this is a little tricky. That's because you already had the first case sealed. You have to undo what you've done and start over.
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You can only seal or expunge 1 case in FL in your lifetime.
There are no exceptions.
Take a look at my AVVO Legal Guide on Sealing and Expunging Records in FL as it contains valuable information supplemental to this answer and should prove to be helpful to you. For your convenience the both links follow and are attached at the bottom of this answer:
Michael A. Haber, Esq.'s AVVO Legal Guide on Sealing and Expunging Records in FL: http://www.avvo.com/legal-guides/ugc/sealing-and-expunging-records-in-fl-a-legal-guide-by-michael-a-haber-esq-miami-criminal-lawyer?published=true
I hope that I have been helpful in answering your question.
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By doing it yourself, you may have messed this up royally. You are only entitled to one sealing/expungement. If the charges arose from the same set of facts and circumstances, it is possible to include both cases in one petition to seal, but you must allege that they arose out of the same factual episode.
You should speak with the attorney who handled your case to see if the case can be reopened in order to file an amended petition to seal to include both cases. Otherwise you are likely out of luck.
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What is it that you mean by the second case was derived from information from the first one? If there are different victims, it is not at all the same criminal episode. In addition, there can only be one sealing or expungement in your entire life.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
Let this be a lesson, a person who represents himself has a fool for a lawyer. The answer is that yes, you could have petitioned to have both cases sealed if they arose out of the same general criminal episode. However, given that you sealed one case on your own, it is unlikely a lawyer could help you correct the sealing to include both cases.
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