• martindale
  • avvo
  • lawyers
  • martindale

If a conviction on your record is plaguing your life, there might be a way to make it disappear. Call a Fort Pierce expungement attorney to learn your best options for your unique case.

Pursuant to Sections s. 943.0585 and s. 943.059, Florida Statutes, a Certificate of Eligibility or seal of a criminal history record cannot be issued under any of the following circumstances:

  • The criminal history record reflects that you have been adjudicated guilty of a criminal offense or comparable ordinance violation or adjudicated delinquent for committing any felony or a misdemeanor specified in s.943.051(3)b. Certain driving violations are classified as criminal, such as DUI, reckless driving, and (with some exceptions) driving while license is suspended / canceled / revoked.
  • The criminal history record reflects that you have been adjudicated guilty of or adjudicated delinquent for committing one or more of the acts stemming from the arrest or alleged criminal activity.
  • The criminal history record reflects that you have received a prior record sealing or expunction of a criminal history record under s.943.0585, s.943.059, former s 893.14, former s. 901.33, former s. 943.058, or from any jurisdiction outside the state.
  • The criminal history record to which the application pertains relates to a violation of s.393.135, s.394.4593, s.787.025, chapter 794, s.796.03, s.800.04, s.810.04, s.817.034, s. 825.1025, s. 827.071, chapter 839, s847.0133, s.847.0135, s. 847.0145, s.893.135, s.916.1075, a violation enumerated in s.907.041, or a violation of any offense qualifying for registration as a sexual predator under s.775.21 or for registration as a sexual offender under s.943.0435, Fla. Stat., with a finding of guilt, or a plea or guilty or nolo contendre (without regard to whether adjudication was withheld).
  • The criminal history record reflects that you have another petition to seal or expunge pending before a court of competent jurisdiction.
  • The criminal history record reflects that the court supervision applicable to the disposition of the arrest or alleged criminal activity to which the application pertains has not been completed.
  • (For Expunction only) The criminal history record reflects that some or all of the charges related to the arrest or criminal activity to which the application pertains were not dismissed prior to trial, adjudication, or the withholding of adjudication, if no other disqualification applies, the record would be eligible to be sealed.

PLEASE NOTE: The Governor and Cabinet of Florida, acting in the capacity of the Board of Executive Clemency, declared June 10, 1999, that the granting of a full pardon does not remove any condition of ineligibility for sealing or expunging a criminal history record which would otherwise be imposed by a conviction or withholding of adjudication pursuant to sections 943.0585 and 943.059, Florida Statutes, and, acting in the capacity of agency head of the Department of Law Enforcement, the Board directed FDLE to deny a Certificate of Eligibility to any person receiving a pardon who is ineligible for the sealing or expunging of the person’s criminal history.

Why Choose Ohle & Ohle?
“I first hired him to defend me on a dui charge. We got the outcome we wanted on that. I then rehired him for new charges (possession of marijuana and paraphernalia) which resulted in a warrant being issued for Violation of Probation. I was scared to death, but Mike held my hand through the entire ordeal while maintaining effective and efficient communication with me throughout the entire process. He ended up getting those charges DROPPED and the warrant was redacted. He’s a life saver. I would never hire anyone other than him.”
~ Jen S., Google Reviewer
Expungement is when a felony conviction is erased or fully removed from your federal or state record. Your conviction might be eligible for expungement if charges were dropped, you’ve never previously had a felony conviction in Florida and you’ve never expunged in the Sunshine State.
While similar, there is one major difference: With expungement, the conviction is removed from your record. When a record is sealed, the conviction is placed under government protection, but not removed.
Expungement typically takes between 5-7 months, but the process could have slowed down due to the COVID-19 pandemic. Ask your expungement defense lawyer this question during your free consultation, to ensure you’re given timely info.
CALL US 24×7 FOR A FREE CONSULTATION
(772) 460-9801