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Is expungement necessary for my son-in-law's marijuana charge in Florida?

Is expungement necessary for my son-in-law's marijuana charge in Florida?

Q: Is nolle prosequi a good thing?

Yes, nolle prosequi is generally considered favorable because it results in the dismissal of charges. However, it does not erase the arrest record, which may still impact future opportunities like employment or housing.

Q: Is nolle prosequi the same as not guilty?

No, nolle prosequi is not the same as a not guilty verdict. Nolle prosequi means the prosecution has chosen not to pursue the case, while a not guilty verdict is a formal decision made by a judge or jury after a trial.

Q: Can I get a job with a nolle prosequi?

Yes, having a nolle prosequi on your record does not prevent you from getting a job. However, some employers may still see the arrest record, which could affect their hiring decision.

Q: What is the difference between nolle prossed and dismissed?

Nolle prosequi and dismissed both result in the end of a case. However, nolle prosequi is a decision by the prosecutor not to pursue the case, while dismissed typically refers to a court's decision to terminate the case for various reasons.

Full question:

About 5 1/2 years ago my son-in-law was caught with a small amount of marijuana. The State of Florida entered a NOLLE PROSEQUI/NO INFORMATION (DISMISSAL) dismissing all charges due to 1K Completed Deferred Prosecution. He and my daughter are now trying to rent an apartment and they want him to get this charge expunged. Is this really necessary?

Category: Criminal
Subcategory: Expungement of Criminal Records
Date: 04/07/2025
State: Florida

Answer:

In Florida, to expunge a criminal record, a person must demonstrate that they have never had a prior sealing or expunction of any criminal history record, unless the expunction is sought for a record previously sealed for at least ten years. Even after successful completion of a deferred prosecution, certain records remain public for life, including:

The original arrest record, which includes notes, reports, and evidence from the arrest.
The court record, which typically contains the probation order and any plea agreements.

Under Florida law (Fla. Stat. § 943.0585), a person can petition for expunction if they meet specific criteria, including obtaining a certificate of eligibility for expunction. This certificate confirms that:

No charges were filed, or any filed charges were dismissed.
The record does not relate to certain serious offenses.
The person has not been adjudicated guilty of any other criminal offenses.

While expungement can help in securing housing and employment, it is not legally required to rent an apartment. However, having the record expunged may make the rental process easier for your son-in-law.

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.

FAQs

Does nolle prosequi mean you were charged?

Yes, nolle prosequi indicates that charges were initially filed against a person, but the prosecutor has decided to discontinue the case. This means the case is dismissed, but the record of the arrest may still exist.