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Posts Tagged ‘Expunging’

Expunging Criminal Records and Domestic Violence – Some Rules On Domestic Violence Records

Florida treats the crime of domestic violence (“DV”) in a distinct manner from other crimes. Floridians accused of DV typically go before specialized DV judges within the criminal court system (most counties have” domestic violence divisions”), are prosecuted by district attorneys who try only DV cases, and are subject to different rules of criminal procedure (for example, in many cases a person can bond out of jail after an arrest prior to seeing a judge, but this is not an option in DV arrests). It should come as no surprise, then, that the laws governing Florida record sealing or expungement also single out domestic violence arrests for special treatment.

The Florida statutes define domestic violence as any “assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.” “Family” or “household member” are terms given rather broad meanings under Florida law, and include: spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit. So if you get into an argument with your ex-girlfriend or boyfriend that you used to live with….guess what? You can be arrested for domestic battery instead of simple battery. Same thing with a parent of your child, whether you ever lived together or not.

Good news first. If you are arrested for DV, but the charges against you are later dropped, never filed, or dismissed, you caneligible for Florida expungement, assuming you meet all other eligibility requirements. However, if the prosecutor decides to proceed against you, that DV arrest will remain on your record forever, unless you are acquitted at trial. Usually, if you meet all other eligibility requirements, you can seal a Florida record if you receive a withholding of adjudication after entering a no contest or guilty plea. Many arrestees, after twenty, thirty, sixty days or more sitting in custody awaiting trial, opt to plea, take a deal, and be released from jail (the criminal justice system is not known for moving quickly). Most deals offered are usually “time served” with adjudication withheld. In the case of simple battery or assault, this would be a good deal in terms of Florida expungement, because you could get out of jail(!), not risk going to trial if the evidence against you is strong, and later seal your record.

However, what is often not communicated by public defenders and even many private attorneys is that if you plead guilty or no contest to a DV charge, even a misdemeanor DV charge, you can never have your record sealed or expunged, whether or not adjudication is withheld. Under the Florida expungement statutes, domestic violence is listed as an “ineligible offense,” meaning any plea to a DV charge will automatically make you ineligible to seal or expunge the record.

While deterring domestic violence is a good public policy, permanently affecting someone’s life in this manner can be excessive, especially since there is no judicial remedy to address unjust results. Imagine that you get into a fight with your live-in partner. Things get heated and you are arguing loudly. Your neighbors call the police. Before the police arrive, you end up dumping your glass of water on your partner’s head. Not a nice thing to do, admittedly. But when the police arrive, they arrest you for domestic violence. You plea to misdemeanor domestic battery, time served and adjudication withheld. Now you are stuck with that arrest on your record forever. Any background check that is run in connection with a job search, apartment search, loan application, etc. will reveal that you are a perpetrator of domestic violence. Do you think you will get the chance to explain that it was only a one-time incident and only a glass of water…?

Please keep in mind, however, a lot of people are arrested for domestic battery and then plea down to simple battery and get adjudication withheld on that charge. Then you may eligible to seal under Florida law. It is the charge that you ultimately plea to and have adjudication withheld on, not your arrest charge, that determines your eligibility for record sealing and expungement. Also, it may happen that you are arrested and charged for domestic violence for a fight with a significant other, when you have never lived together. Challenge it and fight it if you don’t fall under the domestic violence statutory definitions of “family member” or “household member”- if you don’t, it can have long reaching consequences for your life and future.

If you want to learn more about Florida expungement and record sealing, in domestic violence or all other cases, please visit http://ExpungeRecordFlorida.com. You don’t have to let the past ruin your future. Take a free expunge record eligibility evaluation and find out from an experienced Florida expungement attorney whether you can begin the process of moving on today!

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Question by Jane: When applying for naturalization, should one reveal an expungement record?
The person was not convicted, and the case was expunged by the court. Will the FBI still see this record?
Will this affect the ‘good moral’ part of the application and result in a denial?

Best answer:

Answer by MikeGolf
Yes, a Federal records check can and will see through any expungment or sealed record.

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Washington County Offers Free Legal Workshops
… takes place from 2-4 p.m. Tuesday, Sept. 18, at Oakdale Library. The final installment of the series is “Expungement of Criminal Records.” That takes place from 2-4 p.m. Tuesday, Nov. 13, at R.H. Stafford Library in Woodbury. To register, call 651 …
Read more on KSTP.com

Over 50 years after his conviction , Attorney Lynne Torgerson secures an expungement for Grady Shockley, a wonderful gentleman nearly 80 years old. Watch this heart warming story

Sealing and Expunging a Criminal Record – Benefits and Reasons for Denial

As a criminal defense attorney in Fort Lauderdale, I oftentimes receive inquiries regarding whether a client is eligible to seal or expunge their criminal record. I created this “cheat sheet” for my clients to understand the benefits of sealing or expunging a criminal record and the common reasons for denial.

Benefits
Due to the economic downturn, the unemployment rate in the United States is hovering around 9%-10%. As a result, employers can be very particular with their new hires and may preclude hiring an individual with any criminal record. Worse yet, with advances in technology, employers can inexpensively uncover your criminal history from anywhere in the United States with no time limitations. I recently had a client fired from his job for not disclosing a misdemeanor marijuana charge from 1978! In addition to employers, criminal background checks are common when applying for housing, professional licenses, security clearance, and certain bank loans. I have even heard of potential dating partners researching an individuals’ criminal history before dates.

When you expunge your criminal record, your criminal history is no longer accessible to the public. Such criminal history includes your Court Case number, your Jail file, and the police record of the incident (i.e. probable cause affidavit). Please be aware, that if you were arrested for a crime, even if the charges were never filed or your case was dismissed for any reason, the record of your arrest and Court Case remains public access until you expunge your case. It is worth repeating that even if the State Attorney’s Office “dropped” or announced a Nolle Prosequi (“Dismissal”) of your case, the record of your arrest and Court Case are still available for employers to view until you expunge your case.

In most situations (including all expungements), you may legally deny that you were ever arrested for the crime that you had sealed or expunged. Think of the value of not having to tell an employer of your youthful indiscretion or poor-behavior that is currently leaving an indelible mark on your resume. The cost-benefit of spending a few hundred dollars to hire an attorney to seal or expunge your record could potentially net you tens of thousands of dollars in the future. Please note, in Florida, it takes approximately 6-7 months for a Court to expunge your record. As a result, be proactive – do not wait until you are applying for a new job before petitioning the Court to expunge your case.

Common Reasons for Denial
I receive dozens of phone calls a year from individuals who were improperly advised by their previous criminal defense attorney that they can seal their record of the arrest. I am always amazed when criminal defense attorneys misstate the law on sealing as the Florida Department of Law Enforcement provides a detailed explanation on their website of which crimes are ineligible to be sealed or expunged.

By far, the most common inquiry I received concerns the criminal offense of Driving While Under the Influence. In the State of Florida, anyone who accepts a plea to Driving While Under the Influence receives an Adjudication of Guilt. An individual cannot receive a Withhold of Adjudication to Driving While Under the Influence, unless the State Attorney changes the charge to Reckless Driving. The law is clear that an individual CANNOT seal or expunge their record if they have ever been ADJUDICATED guilty of any criminal offense, including Driving While Under the Influence or Driving While License Suspended.

The second most common inquiry concerns individuals who were improperly advised by their previous criminal defense attorney that they can always seal the record of their arrest if they received a WITHHOLD of ADJUDICATION to the charge. Again, I consider this legal malpractice considering the Florida Department of Law Enforcement’s website specifically enumerates which crimes are ineligible to be sealed, regardless if adjudication of guilt was withheld. Of note, all the ineligible offenses are listed in Fla. Stat. 907.041.

Criminal defense attorneys most often misrepresent that the following crimes can be sealed if the client received a withhold of adjudication: (1) Burglary of a Dwelling; (2) Any act of domestic violence; and (3) Stalking. These charges cannot be sealed even if the charge is a misdemeanor and you received a withhold of adjudication. In addition, an individual can only seal or expunge their record on ONE occasion. An individual cannot seal a charge in 2010 and expect to seal another charge in 2011.

Although you do not need an attorney to petition the Court to seal or expunge your criminal record, it is my recommendation to hire an experienced criminal defense attorney to handle this matter for you. Most attorneys in Florida will charge anywhere between $ 500.00 – $ 1,000.00 for this service. As making sure you correctly seal or expunge your criminal record could be one of the most important decisions you make in your lifetime, it is beneficial to make sure it is done properly.

The information in this article site was developed by Lyons, Snyder & Collin, P.A. for informational purposes only and should not be considered legal advice. The transmission and receipt of information from this article does not form or constitute an attorney-client relationship with Lyons, Snyder & Collin. Persons receiving the information from this article should not act upon the information provided without seeking profession legal counsel.

The author Philip M. Snyder is a founding partner of Lyons, Snyder & Collin, P.A. in Fort Lauderdale, Florida. Fort Lauderdale criminal defense lawyer Philip M. Snyder handles all criminal defense matters including sealing and expungments, domestic violence and restraining orders. The Fort Lauderdale law firm of Lyons, Snyder & Collin, P.A. is located at 312 Southeast 17th Street, Third Floor, Fort Lauderdale, Florida 33316. Telephone: 954.462.8035. http://www.lyonssnyder.com/

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title: Criminal Minded 08 / artist: KRS-One / year: 2008 / directed by: Rik Cordero and Nancy Mitchell / three21media.com
Video Rating: 4 / 5

Question by : What are the best countries to live in, even though I have criminal record?
I understand that there are some countries that I am unable to live in with a criminal record, what are the best countries I live in with a criminal record?

Sensible answers only!

Best answer:

Answer by DANIELA R
If you have a criminal record,then,Afganistan is your country.

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Law allows sharing of juvenile criminal records
School officials and law enforcement authorities in Illinois will be allowed to share juvenile criminal records on a limited basis under an Illinois law signed Monday, legislation that was sparked by a 2008 knife attack on a suburban Chicago teacher.
Read more on Quad City Times

Are you interested in becoming a firefighter? This video takes you through the recruitment process (Part one of two)

Expunging Juvenile Records

Expunging your juvenile records can be the best choice that you ever make. If you let them, your juvenile arrests can follow you around for the rest of your life. Any time that you apply for a job, your prospective employer can find this information about you. From there, they may make their decisions based on the fact that you have a juvenile record. Nobody wants to be turned down from a job because of a few mistakes that they made when they were young.

Everyone makes mistakes. When we are young, we make even more mistakes. Sometimes this can lead to unfortunate consequences. If you would like to expunge your juvenile record, there are a few things that you should know.

Expungement is a type of lawsuit. Through this process, the person who was the subject of a criminal proceeding or investigation tries to get the records sealed or destroyed. Even though there is a criminal matter at stake, the process is a civil action. This means that the person trying to expunge his or her record becomes a plaintiff to the court.

If expungement is successful, there are two possible outcomes that depend on the jurisdiction in which your records are kept. One possibility is for your records to be completely destroyed. If this is the case, the records are physically gone and cannot be used against you ever again. The other possibility is that your records are sealed from the public. While your records still exist, they cannot be accessed or used against you except by law enforcement in certain situations. Once this happens, you do not have to admit to the expunged items unless you are being questioned under oath.

In Texas, the law will allow expungement on arrests that did not lead to conviction. If an arrest led to the arresting being found guilty, the record cannot be expunged. It is also possible to get class C misdemeanors expunged from your record as long as the defendant received deferred adjudication and completed community supervision. However, if you pled guilty or no contest or were found guilty of anything other than a class C misdemeanor, you cannot expunge it from your record.

Expungement can be a great choice that can help you a lot in life. If you or someone you know wants to get a juvenile record expunged, you should find out everything you can about the process. Click here to learn more about expungement.

Joseph Devine

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Video Rating: 5 / 5

Question by brentmesser: Can Financial companies see an Expungement when doing a background check?
Mainly Investment companies that do a full FBI and State background check?

Best answer:

Answer by mister ed
yes if it is on you credit report!!!

Know better? Leave your own answer in the comments!
Federal judges grill lawyers over DNA sample law
That process also concerned several judges, who expressed concern that the state DOJ would retain possession of the genetic sample of people not charged with felonies but who felt intimidated by the expungement process. "One they have it, they have it …
Read more on Houston Chronicle

Video for sealing or expunging your record from Tilden Law, an Orlando based law firm
Video Rating: 5 / 5

Expunging Your Florida Record – Can Your Expungement Request Be Denied Without A Hearing Or Reason?

Once you receive your Certificate of Eligibility from the Florida Department of Law Enforcement and file the appropriate paperwork with the court, you are legally entitled to have your expungement request heard by a Florida judge. Most Florida counties no longer require in-person hearings for expungement petitions and will approve an expungement request based solely upon the arguments your attorney asserts in the petition. However, if there is a question as to whether the court will grant a request, the judge should set your case for a hearing. If a judge fails to set a formal hearing to consider the request and summarily denies your petition, you should considering appealing.

Consider one “famous” Florida expungement case, in which a defendant pled guilty to petit theft and adjudication was withheld on the charges. When the defendant later filed a petition to seal the record, the judge hearing the case entered an ordered denying the petition without setting a hearing. The Defendant appealed and the lower-court decision was reversed. According to Florida’s Fourth District Court of Appeal, the judge should have granted the Defendant’s petition to seal since the defendant had complied with all the necessary requirements to seal, and that the record should be sealed unless there was a good reason to deny it. The case was sent back to the lower court to have a hearing to determine if there was good reason to deny the petition.

What does this case mean to you? First, be sure that you comply with all necessary requirements before you file a petition to seal or expunge with the court. Second, you are entitled to a hearing. If your petition is summarily denied without one, you likely have good grounds to appeal.

It is true, though, that “any request for expunction of a criminal history record may be denied at the sole discretion of the court.” Nevertheless, Florida courts have consistently held that the words “sole discretion” do not permit judges to arbitrarily deny requests for expunctions.

For example, in another expungement case, a defendant’s request to seal his record was denied because “he had already received a break from the criminal justice system… by receiving an adjudication withheld.” The case was reversed on appeal. A court must consider all the facts and circumstances of a petition, and provide “sound” reasons why a petition is being denied.

So if you petition to expunge or seal your criminal record, and the judge does not state any reason why your request is denied at a hearing, or doesn’t give a reason at all, chances are you have good grounds to appeal.

If you want to learn the common reasons why expungement or record sealing requests are denied, or more about how to expunge a criminal record in Florida, visit http://ExpungeRecordFlorida.com/ for articles, resources, and a free eligibility evaluation.

By: Karen Kilpatrick, Esq.

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Question by wgrill@sbcglobal.net: How can I start the Texas expungement process pro se?
I would like to represent myself but have no idea how to get started. Will it cost money to file the lawsuit?

Best answer:

Answer by trooper3316
Yes, there will be filing fees to process your request. If you go to the court where your conviction was entered, they will be able to tell you if you are eligible, and what you need to do.

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Michigan Legal Help Website Online Now For Michigan Residents
Currently, there are sections regarding family law matters, protection from abuse, housing issues, consumer law problems, and expungement. Family law matters include divorce, custody, and child support. Consumer legal issues covered are suits regarding …
Read more on Sentinel-Standard

Erasing Your Criminal Background Legally: New Jersey Edition – The Ultimate Guide to Second Chances

Erasing Your Criminal Background Legally: New Jersey Edition - The Ultimate Guide to Second Chances

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Traffic Law: “Can a DUI/OVI be expunged?”These videos are designed to educate viewers on Ohio Traffic Law. These videos are not to be construed as legal advice. Please seek the advice of a local attorney regarding your specific situation. TIBBS LAW OFFICE, LLC 10921 Reed Hartman Hwy #213 Cincinnati, OH 45242 Phone: (513)-793-7544 Fax: (513)-297-7544 Cell: (513)-309-4546 Email: Daryle@TibbsLawOffice.com Blog: PersonalLegalSolutions.blogspot.com
Video Rating: 0 / 5

Top 6 Most Frequently Asked Questions in Expunging Your DUI Conviction Records in California

Like most states in US, California too allows you to expunge your DUI conviction record. Expunging your DUI conviction record will help you get rid of all the problems resulting from your offense and make you to experience the life like before. Regardless of whether your offense is misdemeanor or felony, they can usually be expunged. Following are the FAQ’s which are sure to provide you an insight about expunging your DUI records in California:

What is expungement?

Expungement means sealing your DUI conviction record which practically means giving petition to the court to expunge your record and the court replaces your plea as not guilty and then dismisses your case. So when applying for a job or under any other circumstances you need not have to disclose that you have been convicted.

Who Is Eligible For expungement in California?

You are eligible for expungement:

if you are a first DUI offender who has only one charge for either a misdemeanor or felony
a year has passed since conviction
if you have completed probation successfully and not on probation for another offense
have no charges pending
have paid all the fines ordered by the court

How much does it cost to file for expungement?

It costs between $ 50 and $ 80 to file for expunging your record.

will they need my presence at the court?

No, your expungement lawyer can do it for you.

What will I benefit from expunging my DUI conviction record?

There are a lot you will benefit from expunging your record such as employment, licensing etc,.

What expungement won’t do?

Your expunged case can still be used for increasing your punishment when you again caught up for a DUI or other criminal cases.

The DUI Process manual provides solution related to expunging your DUI record, getting your driver’s license back, saving a lot of money on your auto insurance and even saving money throughout your DUI process no matter what state (US) you are located in.

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Question by Stormygirl21302: Does anyone know of any job opportunites for people with felony convictions on their records?
My friend has 2 felony drug possessions on her record. They were back in 2004 & 2006. She has served time and willingly entered into a drug rehab program. Her and her son are trying to make a fresh start and she desperately needs a job. So does anyone have any suggestions? She is willing to work any shift. Please help.

Best answer:

Answer by castaspella0183
Your friend could try to get into the food service. Have to put down the convictions, but then also say that she entered into a treatment program. Good luck to your friend

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Accused killer was on probation for felony conviction
… possession of a firearm by a convicted felon, possession of a firearm during the commission of a felony and obstruction of a 911 call. At the time of his arrest, Nuckles was on probation on a Cobb County conviction, according to Cobb Superior Court …
Read more on Atlanta Journal Constitution

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