http://www.floridasealandexpunge.com/ FloridaSealandExpunge.com en-us http://www.floridasealandexpunge.com/images/logo.gif http://www.floridasealandexpunge.com/ david@pakulalawfirm.com http://www.floridasealandexpunge.com/modules.php?op=modload&name=News&file=article&sid=5 The FDLE denied our client's application for a certificate of eligibility because adjudication had been withheld for the charge of disorderly conduct, allegedly in the context of a domestic violence dispute. The FDLE took the position that the client was not eligible for sealing the record because a domestic violence charge is non-sealable even when adjudication was withheld. We filed a petition for reivew in the county court, arguing that the record did not establish a crime of domestic violence. Before the court could rule on the petition, the FDLE conceded and issued the certificate of eligibility. http://www.floridasealandexpunge.com/modules.php?op=modload&name=News&file=article&sid=4 In one case, the Florida Second District Court of Appeal held that while a judge has discretion to deny a qualfying petition for expungement, the seriousness of the offense and an allegation of a previous similar offense were insufficient reasons to permit the discretionary denial of the petition. See Harman v. State, 34 Fla. L. Weekly D1336 (Fla. 2d DCA July 1, 2009). In the other case, the Florida Third District Court of Appeal held that the Florida Department of Law Enforcement (FDLE) cannot issue a certificate of eligibility to seal records related to some charges while other charges arising from the same arrest remain pending in the state criminal court. See A.J.M. v. Florida Dept. of Law Enforcement, 34 Fla. L. Weekly D1337 (Fla. 3d DCA July 1, 2009). We'll keep you posted as other noteworthy appellate decisions are issued. http://www.floridasealandexpunge.com/modules.php?op=modload&name=News&file=article&sid=3 A Florida law dealing with the retention of criminal history records of minors provides for the "automatic expungement" of such records when the juvenile turns 24 or 26 years of age, depending on the type of offense. An automatic juvenile expungement does not count as a prior sealing or expungement. Therefore, it does not prevent the person from sealing or expunging criminal records in the future, if otherwise eligible. http://www.floridasealandexpunge.com/modules.php?op=modload&name=News&file=article&sid=2 Florida law generally allows the sealing or expungement of a criminal history record pertaining to a single arrest or incident of alleged criminal activity. However, a judge may seal or expunge records relating to multiple arrests or alleged criminal acts under certain circumstances. Records pertaining to more than one arrest may be sealed or expunged if the additional arrests directly relate to the original arrest. Multple acts or offenses may be sealed only if they are sufficiently related temporally and share a common nexus. A petition to seal or expunge multiple arrests or offenses can be legally complex. You should consult a qualified attorney. http://www.floridasealandexpunge.com/modules.php?op=modload&name=News&file=article&sid=1 You've finally finished drug court! No more urine tests, probation officers, counseling sessions, etc. You're ready to move on with your life. But wait. There is one more thing you should take care of. Even though the charges against you were dismissed when you graduated, the arrest will still appear when someone runs a background check on you. Before you move on to a new chapter in your life, read on to find out if you are eligible for expunging the arrest record.