How do i get a felon case off my record

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How do i get a felon case off my record

I had a felon case 4 or 5yrs ago how do i get that expunged of my record

Asked on May 29, 2009 under Criminal Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Depending upon how a case is concluded, an individual may be eligible to have her case sealed or expunged.  Florida offers two different statutes to address criminal records - one for expungement, and one to seal the record.  Both statutes require that you have not previously been adjudicated guilty or delinquent of any offense.  The term "previously" refers to adjudications which occur before the date you apply for a sealing or expungement of your criminal record, and not the date of the arrest - that is, you need to have maintained a clear record subsequent to the conviction you want expunged.

If you were arrested and the case was ultimately dismissed, for example upon your successful completion of a diversion program and the charge was dropped, then you should qualify to have your arrest history expunged.  You can only get your record expunged if the charge was ultimately dropped or dismissed.

Where you have pled guilty or no contest to a charge and the adjudication of guilt was withheld, you may qualify to have the record of the offense sealed.  To qualify for sealing, you must (1) have had the adjudication of guilt withheld, and (2) must have been charged with a qualifying offense under the statute.

Based on your facts I would say that you are not eligible for either expungement or sealing.  You can, however, speak with an attorney in your area to see if he has any other ideas.
  
By the way this is a link to the applicable state law: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0943/Sec0585.HTM


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