Full question:
I have had one case sealed in Florida in 2003 for a misdemeanor charge. It is my understanding in Florida you can only get one case sealed in a life time. I have one more case and would like to get it sealed also due to the fact that I cannot get a job. Is there anything I can do to have this removed from my record. If not, would a letter of good conduct help me obtain a job? What about adjudication?
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: Florida
Answer:
In Florida, to have a criminal record expunged, you must show that you have never had a prior sealing or expunction of a criminal history record under specific statutes, unless you are seeking to expunge a record that was sealed for at least ten years and is otherwise eligible for expunction. Generally, you can only have one case sealed in your lifetime, which complicates your situation since you already have one sealed case from 2003.
While you cannot seal another case, you may consider applying for clemency, which can restore certain rights, such as voting, but does not expunge records. It's important to note that even if you successfully complete deferred adjudication, the original arrest record and court action record will remain public. This means that while the charges may be dismissed, the records of the arrest and the court's actions will still be accessible.
Regarding a letter of good conduct, it may help demonstrate your character to potential employers, but it does not legally remove any charges from your record. Additionally, if adjudication was withheld in your second case, it may still be visible to employers, affecting your job prospects.
For more information on expungement, you can refer to Fla. Stat. § 943.0585.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.