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wallstreetesq
wallstreetesq, Lawyer
Category: Criminal Law
Satisfied Customers: 17080
Experience:  10 years Experience, have tried several high profile felony cases and misdemeanors
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In 2004 I was convicted of a felony(driving on a suspended

Resolved Question:

In 2004 I was convicted of a felony(driving on a suspended license 4th time) I heard in 2008 this type of felony was reduced to a misdemeanor in the state of Florida, first how would I find if this is true, and secound if it is true would my felony conviction be reduced?

Thanks for your help

Justin
Submitted: 6 years ago.
Category: Criminal Law
Expert:  wallstreetesq replied 6 years ago.
DO YOU KNOW THE SPECIFIC CHARGE OR PENAL CODE NUMBER?
Customer: replied 6 years ago.
charge was driving on a suspended license habitual traffic offender (4th time driving on a suspended license which is what made it habitual
Expert:  wallstreetesq replied 6 years ago.
IN FLORIDA A THIRD CONVICTION IS A FELONY, SEE THE CURRENT 2010 LAW.



Third Conviction for DWLSR

A person with a third or subsequent conviction for driving while license suspended or revoked is guilty of a felony of the third degree. Maximum penalties are 5 years in prison and up to $5,000.00 fine.

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THE CURRENT LAW:
322.34 Driving while license suspended, revoked, canceled, or disqualified(c) A third or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

The element of knowledge is satisfied if the person has been previously cited as provided in subsection (1); or the person admits to knowledge of the cancellation, suspension, or revocation; or the person received notice as provided in subsection (4). There shall be a rebuttable presumption that the knowledge requirement is satisfied if a judgment or order as provided in subsection (4) appears in the department's records for any case except for one involving a suspension by the department for failure to pay a traffic fine or for a financial responsibility violation.
Customer: replied 6 years ago.

Is it possible to have my driving record sealed or DWLSR removed? If thats not possible, is it possible to have my felony conviction sealed, expunged, or removed? Reasons for this is I wish when applying for jobs, these mistakes from the past can not be found out or I don't have to tell the full story of them.

Expert:  wallstreetesq replied 6 years ago.
felony offenses are eligible to be sealed or expunged, provided it is not one of the ineligible offenses prohibited from being sealed or expunged, UNDER FLORIDA LAW YOUR CRIME IS NOT PROHIBITED SO YOU CAN APPLY.
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