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S. Huband, Esq.
S. Huband, Esq., Attorney
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Will the following Florida Statue assist me, if I obtain a

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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. Again my Nevada Honorable Discharge that gave me my civil rights back (I have my voter card now, I can sit on a civil jury, and in 4 years can sit on a criminal jury. Finally, I do not have to disclose my conviction to an future employer or current employer.(however that is hard to be able to do when it shows I registered here in florida (does not show a arrest and says no criminal case noted; not proscuted and released...by the FDLE).
http://www.lawserver.com/law/state/florida/statutes/florida_statutes_775-13

Florida Statutes 775.13 - Registration of convicted felons, exemptions; penalties

Additionally:
http://wiki.answers.com/Q/How_long_is_a_felony_on_your_record_in_Florida

How long is a felony on your record in Florida?

Thank You
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Wendy-Mod replied 1 year ago.
Hi, I'm a moderator for this topic. I've been working hard to find a Professional to assist you right away, but sometimes finding the right Professional can take a little longer than expected.


I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Expert:  S. Huband, Esq. replied 1 year ago.
Hello again! How ya' been?

A few minutes ago I received an email message that you asked for me to answer the above question. I sincerely XXXXX XXXXX requesting me, and I will be happy to assist you.

Unfortunately, I cannot answer your question at this moment. (I was in court most of today, court most of tomorrow, AND I have to teach a class at a local community college tomorrow night.) I want to be sure I have adequate time to fully consider and research your question before I answer.

So, I will do my best to answer your question by late evening tomorrow (9/19/12). If you cannot wait that long, please let me or a moderator know and I will opt out to let another expert chime in. Thank you so much for your patience. I look forward to working with you again.

Talk to you soon,
Shuband
Expert:  S. Huband, Esq. replied 1 year ago.

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.—

...

(1)(b) The petitioner (shall include a) sworn statement attesting that the petitioner:
...
2. Has not been adjudicated guilty of or adjudicated delinquent for committing any of the acts stemming from the arrest or alleged criminal activity to which the petition to seal pertains.
...

 

 

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

Customer: replied 1 year ago.
Thanks for your response. Yes, I dd obtain additionally my civil rights (except to bear arms)...I, as a result did get my voters card ( I even verified with the office of clemency and the above is restored).....

From that statue it seems like I should be able to thru the FDLE have this removed since my civil rights were restored.

Should I recall the clemency office....because in my honorable discharge it granted the ability to not disclose the conviction to an employer or future employer...therefore I would not have t say that I ad a felony in Nevada...
Thanks,
Melinda
Expert:  S. Huband, Esq. replied 1 year ago.
Q) From that statue it seems like I should be able to thru the FDLE have this removed since my civil rights were restored.

I think a Florida-licensed attorney should help you with this. It's a very narrow issue, and there's probably an easy answer to this question.

Q) Should I recall the clemency office....because in my honorable discharge it granted the ability to not disclose the conviction to an employer or future employer...therefore I would not have t say that I ad a felony in Nevada.

That sounds like a good idea (to re-connect with the clemency office) and see if Florida honors the Nevada restoration of rights fully. That might solve your problem right there.

Take care,
Shuband
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1103
Experience: Experienced and knowledgeable criminal defense attorney.
S. Huband, Esq. and 8 other Criminal Law Specialists are ready to help you
Expert:  S. Huband, Esq. replied 1 year ago.
Thanks so much for your positive rating! Take care!

Shuband
Customer: replied 1 year ago.
No, thank you for all of your help!!!!

I have contacted a Florida attorney that will call me back within 48 hours & I've already been in touch with an attorney in Nevada that s looking at my case & has already given me 2 options to assist with my situation...& I sent him additional papers tat he s reviewing.... He also gave me the name of an attorney hat works close with he DA & judge, so I'll call him tomorrow for his opinion...
I think I'll try for at lest 4different attorneys to see what relief I can get...

Again, thnks for your advice!
Expert:  S. Huband, Esq. replied 1 year ago.
You're very welcome. I'm gratified and pleased that I could help point you in the right direction.

From the conversations we've had, I've come to the conclusion that you are a very determined person and just found yourself in an unfortunate situation. Life will really throw a gigantic curve ball now and then. But, I'm 100% sure that your life will get back on track much sooner than later. Go get em!

Shuband
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1103
Experience: Experienced and knowledgeable criminal defense attorney.
S. Huband, Esq. and 8 other Criminal Law Specialists are ready to help you

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