Criminal Law Questions? Ask a Criminal Lawyer.
Hello again! I'm sorry I missed my self-imposed deadline to get back to you.Q) Will the following Florida Statue assist me, if I obtain a lawyer assistance, to have the :criminal registration: involuntary manslaughter...removed from public view in order to ease in obtaining a job as a RN?I don't believe so. The code section you directed me to appears to be the Florida registration statute. Some states require all convicted felons to register, some only when the felony is of a certain type, some only sex offenders, etc.Florida Statute 775.13 states the following, in pertinent part:...775.13 Registration of convicted felons, exemptions; penalties.—(1) As used in this section, the term “convicted” means, with respect to a person’s felony offense, a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld....(3) Any person who has been convicted of a crime in any federal court or in any court of a state other than Florida, or of any foreign state or country, which crime if committed in Florida would be a felony, shall forthwith within 48 hours after entering any county in this state register with the sheriff of said county in the same manner as provided for in subsection (2).(4) This section does not apply to an offender:(a) Who has had his or her civil rights restored;...It appears you may be exempted from this requirement since your rights were restored in Nevada. I don't believe it will have any effect on what, if anything, shows up on your criminal record. CAUTION: You should check with a Florida attorney on whether or not you are required to register with your local sheriff. Your rights have been restored in Nevada, yes, according to what we discussed in a previous thread. However, that MAY or MAY NOT mean your rights have been restored in Florida, too. Thus, it is possible that you may have to register in Florida due to your Nevada conviction. Be sure and check with a Florida attorney ASAP to clear up this issue.The issue you're asking about is what we talked about in a previous discussion thread: expungement of an entry from your criminal record. In other words, you want to get this conviction off your record so that, when you apply for a job, there is no record of you having a felony and thus you would be more able to get the job.
This Florida statute seems to say that you are unable, under Florida law, to expunge this conviction from your record in Florida because you were adjudicated guilty of the crime for which you were arrested in Nevada.
943.059 Court-ordered sealing of criminal history records.—
The way I read this statute, you will be unable to have this record entry expunged in Florida because you were adjudicated guilty in Nevada. Thus, it appears to me you would have to wait the required amount of time (which you and I discussed in an earlier thread) and then get your record expunged from Nevada.
This restriction on expungement in Florida is consistent with what many other states do. For example, here in Virginia it is difficult to get an ARREST RECORD taken off your criminal history. Once a person is convicted in Virginia, there is NO WAY to get the conviction off one's record; it is permanent. At least Nevada provides an opportunity to get a felony off your record, even if it takes a few years before you're eligible. Nonetheless, you may still wish to check with a Florida-licensed attorney to inquire whether there are exceptions to this statute or other ways to achieve your objective. I hope I've been of help to you in understanding these issues. Take care,Shuband
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