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Can You Expunge Your Criminal Record in Florida If You Still Have Open Charges?

It sometimes happens that a person seeking to expunge a criminal record in Florida has open charges pending in another related case. Imagine, for example, that you are pulled over by a police officer for speeding. During the traffic stop, the officer discovers that your license is suspended and smells alcohol on your breath. You fail an administration of the breath test and are placed under arrest for driving under the influence (DUI). Your car is impounded and during an inventory search, a small amount of cocaine is discovered in your glove compartment. Charges are filed against you: possession of cocaine (a felony charge), plus DUI and driving with a suspended license (filed in misdemeanor traffic court).

You decide to hire a lawyer to handle your felony case and your lawyer works out a good deal with the State. Since this is your first criminal offense, you are offered a no contest plea with adjudication withheld. You accept, since your lawyer explained that having adjudication withheld means that you would be eligible to clear your criminal record. Now, you would like to begin the Florida expungement process with respect to the cocaine possession charge. However, the other charges from your arrest are still pending (recall the DUI and suspended license charge filed in misdemeanor court). Can you do it?

In Florida, the answer is no. First, you can only expunge a criminal record in Florida if charges against you have been dropped or dismissed by the prosecutor or court. When you receive a withholding of adjudication, you only may be eligible to seal your record. The main difference between record sealing and expungement is that a sealed record still exists (but the public is prevented from knowing its contents), while an expunged record is physically destroyed. However, under these circumstances you wouldn’t even be able to seal the record yet.

In a well-known case (to us Florida expungement attorneys, anyway), the Florida Department of Law Enforcement (FDLE), which is the agency responsible for determining whether you are eligible to seal or expunge a criminal record in Florida, denied the request of a juvenile seeking to seal a drug possession charge from his record under similar circumstances to the example given above. The juvenile appealed the FDLE’s decision to the courts. Florida’s Third District Court of Appeal held that the criterion set forth in Florida Statute Section 943.059(2)(d) specifically provides that an applicant is not eligible to seal or expunge a criminal record unless the applicant was not adjudicated guilty of committing any of the acts stemming from the arrest.

In layman’s terms, you cannot have any charges pending against you relating to the original arrest if you want to seal or expunge your record. All charges must be resolved before you can determine if you meet the statutory eligibility requirements. So although in our example above you received a withholding of adjudication on the cocaine possession charge, the DUI and driving with a suspended license charge remained pending, meaning you could ultimately be adjudicated guilty of either of these two charges and therefore be ineligible to seal any part of the record.

This reasoning extends to open charges in an unrelated case as well. The Florida statutes state that in order to be eligible to seal orexpunge a criminal record, you must never have been convicted of any crime, anywhere. If you have open charges, there is a chance you could be convicted on these charges and therefore would not be able to move forward with record sealing or expungement until all charges against you have been resolved.

If you need assistance determining your eligibility to seal or expunge your Florida criminal record, please contact a Florida expungement attorney at www.ExpungeRecordFlorida.com for a free eligibility evaluation.

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

Question by Applerox: Can a Juvenile file/ Higher a lawyer to file for an Expungement?
If someone commited a crime when he was an age of 15, which resulted in a misdemeanor for the title battery. Can he still file for an expungement under Penal Code 1203.4a? Anyone know?

Best answer:

Answer by baby girl
yes you can
and i dont see why not eaither

What do you think? Answer below!
Cuba Gooding Jr. — Bartender-Shoving Case DISMISSED
The court signed an expungement order moments ago — meaning it's like this whole thing never happened. TMZ broke the story … an arrest warrant was issued for Cuba on Tuesday — when a female bartender at The Old Absinthe House on Bourbon Street …
Read more on TMZ.com

Expungements. Freedom From the Disability and Life Sentence of a Legal Record, 2nd Ed.

Expungements. Freedom From the Disability and Life Sentence of a Legal Record, 2nd Ed.

The need for writing a book such as this became evident with the knowledge that millions of Americans have misdemeanor, criminal, felony, wrongful government administrative & other records that are holding them back in life & that many of these records can be amended, sealed or removed completely & often easily. The guide now includes civil procedures for records that need to be changed due to error, inaccuracies, or otherwise. This book will answer many questions people have about expungements

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Posthumous Expungement - Richard R. Uslan

Over the several decades that the New Jersey expungement law has been on the books, and after tens of thousands of expungement petitions filed by attorneys, Richard R. Uslan was the first attorney in New Jersey legal history to file and successfully obtain the expungement for a deceased client. On January 28, 2011, in the case of State v. RD, Mr. Uslan successfully obtained, for the first time in New Jersey legal history, a posthumous expungement in the Hunterdon County Superior Court for the family of his deceased client without any objection by the prosecution. Richard R. Uslan (www.idfendu.com) discusses this process as a part of the Garden State CLE (www.gardenstatecle.com) seminar, “Like It Never Happened! Expungements Under NJ Law”.
Video Rating: 0 / 5

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at 3:15 my bottom snare heads breaks…Dean Minerva plays Lighters by Bad Meets Evil – Lighters ft. Bruno Mars

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new: Cafe World can be an incredibly fun game to play if you know what you’re doing. Social networking’s optimistic boosters prefer never to view it in such stark terms. Since you know how to consume tape blogging and profit from it, the question is, are you using video yet for content? Why not! Years previously blogging came along and revolutionized the landscape of the network forever, pronto video is exactly the same way – pardon? If you combine the two together, what do you think, th


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new: For people who are searching for easy methods to make money on the internet, taking online surveys is probably worth a try. The better ways are to sell your animals or give them as gifts to other FarmVille players.

new: Cafe World can be an incredibly fun game to play if you know what you’re doing. Social networking’s optimistic boosters prefer never to view it in such stark terms. Since you know how to consume tape blogging and profit from it, the question is, are you using video yet for content? Why not! Years previously blogging came along and revolutionized the landscape of the network forever, pronto video is exactly the same way – pardon? If you combine the two together, what do you think, th

Penis Problems Ancient Penis Enlargement Technique Still Works Today!

Article by arliebeas

Trying to increase the size of your penis can be difficult and frustrating. Especially when you’re not sure what to do to make it bigger. It’ll have you asking yourself ‘How can I increase the size of my penis’. So what I’m going to do is share with you some ways to increase your penis size.

RESULTS ARE NOW GUARANTEED: Enlarge your penis 1-4 inches. You can enlarge your penis size and girth easily. Get started TODAY with no waiting. See results in as little as 7 days Guaranteed!

I bet you’re frustrated over your feeble attempts to permanently enlarge your penis and get that exceptional manhood that is the envy of every man. You’re definitely not alone. Two common questions that I always get from my readers are (a) what methods should I avoid without paying anymore of my time and energy before learning they don’t work (b) is there any real proven way to make my prized anatomy bigger quickly? Let’s take a closer look!

It seems like there is an increasing number of men who are becoming seriously interested in penis male enlargement products and procedures as well as other methods of enlargement. This is because having a larger penis tends to give a man a sense of self-confidence in the bedroom and wherever he goes. It’s good to be able to be proud and feel good about your body so learning how to increase the size of your penis will be something that you will enjoy for the rest of your life.

Have you ever wished you could add a couple of inches to the length of your penis? Or perhaps you want to make it thicker in order to satisfy your partner? Many men have these thoughts but don’t believe it is possible. Others try numerous techniques and programs but eventually give up when they don’t experience any gains. I was one of these men but I didn’t give up and eventually I came across a natural enlargement program which helped me add 4 inches to my penis and dramatically change my life. In this article I will explain the approach which gave me this success.

Are you happy with your penis size? Most men are not. If you want to enlarge your penis size permanently and see huge gains – read on.. Just 6 minutes per day for a few short weeks will make your penis much longer thicker and healthier and give you permanent gains which you can enjoy for the rest of your life!

Get a bigger penis now >>

Do you want to learn how to get a bigger penis without having to resort to risky and dangerous surgery to increase the size of your penis? Let’s be honest size does matter and if you looking to get a bigger a penis you need to understand exactly how and why natural methods have worked for men around the world for thousands of years!

Honestly if you yearn to give your girl the best form of sexual fulfillment a bigger and more attractive penis size is something you cannot do without. Look if you’re somewhat lacking in your bed skills a larger manhood can be a HUGE saving grace (pardon the pun!) for you. But here’s the thing when it comes to penis male enlargement: what methods are proven to grow a bigger penis? Read this now if you want to change your life for the better!

The jelq and hold exercise is one of the natural penis male enlargement exercises which mainly affect the length of the penis. The exercise is designed to elongate the suspensory ligament of the penis which leads to an overall increase in the length of the penis. So what is the right way to perform the jelq and hold exercise?

About the Author

Guaranteed Penis Enlarging Did You Know That Women Think More About Money And Sex? – Be My Guest

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Penis Stretching Pic Men With Congestive Heart Failure Can Still Have Sex

Article by norrisalter

You cannot achieve everything fast. There are no shortcuts to everything but you can get tips related to penis male enlargement that can achieve your goal at the shortest possible time. If you want to get your penis enlarged you would want to see the results as soon as possible. I know you want to do this for a variety of reasons and perhaps one of these reasons might be because you cannot satisfy your wife or your girlfriend when you are having a sexual intercourse.

Are you happy with the size of your penis? If you are not then take action today! Once you understand how simple it is to enlarge your penis you will wonder why you waited so long.

This article answers questions men frequently ask about increasing penis size. After many trials and many errors I was able to find a method to increase my penis size from 5.5 inches to over 8 inches. You can too provided you have the right knowledge and determination.

Let’s face it every man would like to have a few extra inches down below. Even those men who are already above average wouldn’t mind a little more size to work with. It comes as a surprise to many men when they learn that it is actually very possible to increase the size of their penis without resorting to expensive and risky surgery. Let’s take a look at what you can do right at home to enhance the length and girth of your penis as well as give yourself harder erections that last longer.

Let’s face it. How you measure up below will often make or break your ego. While some guys swear that penis size does not matter the truth is it’s always better to be bigger than the other way round. After all most women agree that a decently-sized manhood is a HUGE (pardon the pun) turn on for them and a saving grace if your bed skills are not up to the mark. So what is the best way to grow a bigger size? Read on and learn how!

Do you want to have an average to small penis all of your life? No you don’t. Finally there is a method that is guaranteed to work for you! You can change your life starting from today and get a bigger penis get better sex and increase your confidence.

Enlarge your penis now >>

A serious look into what to do if you have a small penis. An enlightening expose on how having a small penis does not have to spell death for your love life.

I think it is is safe to say that dealing with the issue of male enhancement is a touchy subject for many to talk about. Lets face it many men are looking for ways to increase their penis size naturally.

Is penis male enlargement a fact or a myth? If you’re like most guys you’ve definitely wondered about this at one time or another. There are so many products on the market that claim to give you increased length and girth that the perception has spread that this must all be a scam. Find out the truth.

About the Author

Improve Sex Positions Natural Enhancement For A Bigger Thicker Penis – Add 3 Inches In Just Weeks – All-Natural Growth

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