How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Bappelman Your Own Question

Bappelman
Bappelman, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 313
Experience:  Former Public Defender, Founder and Criminal Defense Attorney at Appelman Criminal Defense LLC.
Type Your Criminal Law Question Here...
Bappelman is online now
A new question is answered every 9 seconds

Can issuance of a certificate of elgibility for ...

Resolved Question:

Can issuance of a certificate of elgibility for expunction the criminal history record related to one arrest be obtained (from the FDLE) if adjudication of guilt was withheld?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Bappelman replied 5 years ago.
Hello Dusty,

Yes, the arrest can be expunged if you meet the following basic criteria:

1. you have never had a record sealed or expunged before;

2. you never have been convicted (Adjudicated) of a misdemeanor, criminal ordinance violation or a felony;

3. you are not under court supervision (not on probation, community control, or any other court mandated program);

4. you didn't receive a withhold of adjudication IF the charge you want to seal is one of the charges listed in the Exceptions section.

The Exceptions:

Luring or Enticing a Child - F.S. 787.025
Sexual Battery and related offense - Chapter 794
Procuring person under 18 for prostitution - F.S. 796.03
Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age - F.S. 800.04
Voyeurism – F.S. 810.14
Violations of the Florida Communications Fraud Act (Scheme to defraud or Organized Fraud as defined in F.S. 817.034)
Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult - F.S.(NNN) NNN-NNNNbr />Sexual Performance by a child - F.S. 827.071
Sexual misconduct with mentally deficient or mentally ill defendant and related offenses. A violation of any offense qualify for registration as a sexual predator under F.S. 775.21 or for registration as a sexual offender under F.S.(NNN) NNN-NNNN
Offenses by public officers and employees - Chapter 839
Giving/showing/transmitting/loaning obscene materials to a minor - F.S.(NNN) NNN-NNNNbr />Computer pornography(child related) - F.S.(NNN) NNN-NNNNbr />Selling or buying of minors - F.S.(NNN) NNN-NNNNbr />Drug Trafficking (Trafficking in Controlled Substances) - F.S. 893.135 (This does not include possession)
Violations of Pretrial detention or release - F.S. 907.041
Arson - F.S. 806.01
Aggravated Assault - F.S. 784.021
Aggravated Battery - F.S. 784.045
Illegal use of explosives - F.S. 790.001
Child abuse or aggravated child abuse- Chapter 827
Abuse of elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
Aircraft Piracy
Kidnapping - Chapter 787
Homicide - Chapter 782
Manslaughter - F.S. 782.07
Robbery - F.S. 812.13
Carjacking - F.S. 812.133
Sexual activity with a child, who is 12 years of age or older, but less than 18 years of age, by or at solicitation of a person in familial or custodial authority - F.S. 827.071
Burglary of a dwelling - F.S. 810.02
Stalking and aggravated stalking - F.S. 784.048
Act of Domestic Violence as defined in F.S. 741.28
Home invasion robbery - F.S. 812.135
Act of terrorism as defined by F.S. 775.30
Attempting or conspiring to commit any of the above crimes

As long as you meet the first 3 criteria, and your crime was not one of the listed exceptions, then you should b e able to expunge your arrest record.

I hope this clears up your question. If you need more information, you can reply if you wish.

Thank you.
Bappelman, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 313
Experience: Former Public Defender, Founder and Criminal Defense Attorney at Appelman Criminal Defense LLC.
Bappelman and other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.