My first felony was for prescription fraud in 1996 at age 19,which judification would have been withheld but I failed the probation. Second felony was for possession of a firearm by convicted felon in 2003. I did a 3 year mandatory sentence and my third felony was for 2 sale and delivery charges in 2009. I was given 3 years probation and was terminated early for paying off my fines early and completing my 100 hours of community service. I recently looked up my DOC record and it stated that I was regesterrd as a felon on 11/11/2010. A lot of other charges were thrown out but still remain on my record because of the arrest's in itself. Which makes my getting any kind of worthily work impossible to find. I'm now 42 and can't find anything over $10/hr and especially nothing with benefits like 401k's or even health care. Is there anything I can do to polish up my record? Within 7 years I got my fico to (780). I still haven't been given any of my rights back. I've been a tax paying citizen ever since. Also I recently found out that my last employer had misclassified me too since 2010 and hasn't paid anything in on my social-securit(kick while your down) thank you for volunteering!
Your conviction (for whatever it was for) automatically disqualifies you from sealing or expunging anything, ever, in FL.
There is no end around.
Once you have a conviction you are a disqualified applicant, period.
The only possibility is clemency, and in that regard everything that you ever wanted to know about clemency - "the pardon process" - can be found at the following link : https://www.fcor.state.fl.us/clemency.shtml .
Sadly, at best an award of executive clemency is a veritable lottery drawing, and at worst it is truly a political process which is housed in a shroud of alleged fairness. In point of fact the odds of getting an award of a gubernatorial pardon are probably close to those for winning the lottery.
Still, wishing you luck and hoping that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
If you have been adjudicated guilty, you do not qualify for sealing or expungement. A felony conviction is a two headed monster. There is the penalty-side which can carry a prison sentence of over a year. There is the stigma-side where you lose your right to vote; to possess a firearm or even ammunition; etc. ]
There is a process through the governor's office through which you may ask for clemency. If clemency is granted, your civil rights can be restored in whole or in part. This would also allow you to truthfully claim you are not a convicted felon on job applications. You should find an attorney to assist on this to determine exactly when you would qualify and then put that date on your calendar to begin the process. Good luck.
Unfortunately, you can't get any of the prior criminal history sealed or expunged. You could, however, look into restoration of your non-firearm civil rights.
Every case and situation is different and my answers will vary greatly depending on the specific facts of each one. My answers shouldn't be considered complete answers to each question and an answer doesn't establish an attorney/client relationship. Always seek the advice of your own attorney. I am licensed only in the State of Florida and in Federal courts. Florida Bar #337821, Admitted 1982.
As my colleagues stated, if you were convicted you cannot seal anything. If your boss was not paying taxes on you and should have, you should consult an employment attorney.
Wishing you good luck.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline