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Criminal Record Expungement – Can Even Serious Charges Be Expunged From Your Criminal Record?

Does the severity of the charge against you affect your chances of success in the Florida expungement process? For example, does it make a difference whether you were arrested for simple battery, or, let’s say…murder? According to Florida law, and unlike many other states, the answer is no. A Florida court is not allowed to deny your request to expunge your criminal record simply due to the seriousness of your arrest charges.

One of the statutory eligibility requirements for Florida expungement is that the charges against you were dropped, dismissed, or never filed. So it does not matter what you were arrested for, so long as at some point during the process, either the court or the prosecutor determined not to proceed against you (either due to lack of evidence or for some other reason). If you meet all other eligibility requirements, the seriousness of your arrest charge will not prevent you from expunging your criminal record in Florida.

If the seriousness of the charge alone is not sufficient to deny a Florida expungement request, how about record sealing? Eligibility for record sealing is determined under a different Florida statute, and not the Florida expungement statute. One of the eligibility requirements to seal a criminal record in Florida is that you must have received a withholding of adjudication on a guilty or no contest plea. In order to qualify, you cannot have been convicted (“adjudicated guilty”) by the court.

In practice, it is less likely that you will receive an adjudication withheld on a more serious charge, although it is still possible (and it helps if you have a good attorney!). But even if you do, the Florida statutes contain a list of “ineligible offenses” that you cannot have sealed, under any circumstances, even if you did receive a withheld adjudication. Some of these crimes include many of the sex crimes, kidnapping, aggravated battery, aggravated assault, robbery, domestic violence arrests, etc. Typically crimes involving excessive violence or harm to an individual are included on the ineligible offenses list.

So while the seriousness of a charge does not matter in terms of Florida expungement, it can make a difference in a record sealing request. In order to learn more about eligibility requirements, or to receive a free Florida Expungement case evaluation, please visit http://www.ExpungeRecordFlorida.com.

Article Source:
http://EzineArticles.com/?expert=Karen_Kilpatrick

www.wklaw.com – The experienced California criminal defense attorneys at Wallin & Klarich can help you clean up your criminal record. Call today to set up a free consultation.
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Question by mrmoran_2000: I have completed all the forms for my expungement in Illinois?
but I am stuck on who to send them to. I need to file at the 3rd district (Rolling Meadows) so I have addressed to the states attorney at the rolling meadows courthouse. The arresting agency was the Norridge Police Dept and Illinois State Police is already pre-filled and the 4th says “Chief Legal Officer of the unit of local government that arrested you”: HELP – I do not know who this is or what address to put down! Where do I locate this information??? Please help.

Best answer:

Answer by danbospd
Address it to the “Chief of Police” – not a name the title

Add your own answer in the comments!
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One Response to “Criminal Record Expungement – Can Even Serious Charges Be Expunged From Your Criminal Record?”

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