Pinellas County Florida Criminal Lawyer Blog

First off, I'd like to make it known that VERY few people are eligible for expunging.  Only when a person is arrested and the State chooses not to file charges, are you eligible.  There is an exception to this, but you'll have to call me to talk about it.

In order to expunge a record, there is a long process of paperwork, including certified copies, fingerprints, getting the State Attorney to agree, a certificate of eliigibility from the Florida Department of Law Enforcement, and eventually going to court and for a judge sign an order expunging the record. Technically, after all of that work, a judge does have the discretion to deny the Motion for Expunging the Criminal Record.  It rarely happens.

In Duval County, a man was arrested but never charged for Lewd and Lacivious molestation.  Since the State never filed charges, the man tried to get his record sealed.  The circuit judge denied the motion reasoning that the man worked in a car wash and would come in contact with children.  The man appealed and won.  The 1st DCA said that there was no reason to believe that the man, by nature of his job in a car wash, would ever be alone with children or work directly with children.  You can read the case here at the 1st DCA website.

Many people want their criminal records sealed or expunged, and it's difficult but not impossible to do.  If you think you are eligible, or would like to see if you are, call me. 

In one of the more postitive stories of the day, a 50 year old woman, convicted as a habitual offender who has spent the last 20 years in prison - has had her sentenced reduced by Governor Crist and the Executive Clemency Board.  

How does that work?  A person makes an application to the Board and through a somewhat long process, and the Board (made up of the governor, attorney general, CFO, and agriculture comminsoner) decide whether or not the person is eligible.  

To be pardoned is really nothing short of a miracle.  According to the Clemency website, there are 153,190 persons have been granted their civil rights as of September 2010.  I'm not sure if that number is from the beginning of time (the law allowing the restoration of civil rights was enacted in 1968), or just this year.  But that's merely the restoration of civil rights, not communtation of sentences.  I can recall just two of those this year. And there's over 100,000 people in prison.  

According to reports, Ms. Baker was a model inmate - taking advantage of the few programs offered in Florida Department of Corrections - as well as being a mentor to other inmates. 

She applied to the Executive Clemency Board, got the support of Florida Legislator Darryl Rouson, as well as her friends and family. The Board realized that a 50 year sentence for trafficking drugs, for this "model inmate." was unfair.  (I think it's unfortunate the legislature hasn't realized that in all cases.)

What happens when you're pardoned?  The crime doesn't go away, it's not like sealing or expunging (which by the way, very few people are eligible for either). But your civil rights are restored so you can vote and hopefully, restore some semblance of a normal life. 

People make mistakes, and clemency should be offered in more cases.  But if you're looking to apply - get some political heavy hitters on your side.  And do it quick - before Rick Scott and his grandiose prison reform get in.  

Many people tell me they have no prior criminal record. 

"What about juvenile crimes?"  I often ask.

"Oh, yeah those, but those went off my record when I turned 18." they tell me.

JUVENILE CHARGES, ARRESTS, OR CRIMES, do not go off your record when you turn 18. 

If you get in no other trouble after you commit one juvenile crime, your record will automatically be expunged when you turn 24.  HOWEVER, there are certain juvenile crimes, like sex crimes, and violent crimes, and crimes involving firearms or explosives, that will not be automatically expunged from your record at 24.  EVEN IF YOU NEVER COMMIT ANOTHER CRIME.

Practically speaking, it may be difficult for anyone to find the record since all of the clerk's offices in Florida (or any one I've ever been to) will not let anyone but the attorneys see a juvenile court file. 

However, if a potential employer, or spouse, or anyone does a background check through the Florida Department of Law Enforcement, they will most likely be able to find the record. 

If I had a dollar for every call I've gotten over the years for people who want to cover their criminal tracks, I'd be rich.  Unfortunately, it's not as easy as it seems to seal or expunge your Florida criminal records. First of all, there's a difference between sealing and expunging. 

Sealing merely means that the record becomes confidential and cannot be disclosed to the public.  It's still physically there as are the fingerprints. 

Expunging means that the file is physically obliterated and destroyed and can not be disclosed to the public. 

In either case, if you apply for admission to the Florida Bar, Department of Children and Families, for a firearm permit, or certain other professions, even if your record has been sealed or expunged, you still must admit to it. 

However, in most professions, you do not have to answer the question which asks about your prior criminal record with a yes.  Which is what most people want and the reason they hire lawyers to have their records expunged or sealed.

Additionally, if you are ever again prosecuted for a crime, and someone asks you about your prior criminal history you must admit to it. 

See upcoming posts for more info.